Del Mar City Council
December 4, 2023

Table of Contents
2023-12-4 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands
Item 4 - 2024 Advisory Committee Meeting Schedule
Item 5 - Ordinance Regulating Balloons Filled with a Gas Lighter Than Air Item 6 - MSC Janitorial -Third Amendment
Item 7 - UUD 1A Pre-Bid Update and Related Recommended Actions Item 8 - ADU Regulations Ordinance
Item 9 - ADU Incentives Ordinance
Item 10 - ADU Amnesty Program
Item 11 - Consideration to Censure Deputy Mayor Quirk 12-4-23 2 9
17 41
44 52
106
190
307
330
345
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Monday, December 4, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.

Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.

In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.

Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.

1. Approval of Minutes: November 13, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated December 4, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

4. Approval of the 2024 Advisory Committee Meeting Schedule Recommended Action: Staff recommends that the City Council approve the 2024 Advisory Committee Meeting Schedule (Attachment A).

Reference: Clerk’s File No. 401-5

5. Second Reading and Adoption of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air
Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) to add Chapter 11.48 to the Del Mar Municipal Code (DMMC) prohibiting the use, sale, and distribution of balloons filled with a gas lighter than air.

Reference: Clerk’s File No. 401-4, 401-9, 1403-4

6. Third Amendment to the Agreement with MSC Janitorial Services, Inc. for Janitorial Services
Recommended Action: Staff recommends that the City Council: 1) Approve the Third Amendment (Attachment A) to the City’s Janitorial Services Agreement (Agreement) with MSC Janitorial Services Inc. to amend the fee schedule; and 2) Authorize the City Manager to execute the Third Amendment.

Reference: Clerk’s File No. 406-1
IX. PUBLIC HEARING

7. Utility Undergrounding District 1A – Stratford Court South Project Pre-Bid Update, Approval of Design Review Permit DRB23-024 and Land Conservation Permit LC23-014, and Approval of Task Order Amendment for Utility Specialists Southwest, Inc.

Recommended Action: Staff recommends that the City Council:
1) Receive the Utility Undergrounding District 1A - Stratford Court South Project (UUD 1A) pre-bid update report; 2) Adopt a Resolution (Attachment A) approving Design Review Permit DRB23-024 and Land Conservation Permit LC23-014 for grading and installation of retaining walls required to locate undergrounded utility facilities in the Stratford Court City Right-of-Way and Easement adjacent to the properties at 639, 717, and 1105 Stratford Court and 215 9th Street; 3) Approve Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us a $71,178 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD 1A; 4) Authorize the City Manager to execute the Task Order Amendment; 5) Authorize City Construction for UUDs 1A & X1A to proceed on a go-when-ready schedule.

Reference: Clerk’s File No. 1001-2

8. Re-Introduction of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program
Recommended Action: Staff recommends the City Council introduce the revised Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter 30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).

Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9

9. Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Create Low Income Units (Housing Element Program 2A) and Preserve Existing Multi-Unit Housing (Housing Element Program 5A)
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit Incentive Program to implement the certified Housing Element to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City.

Reference: Clerk’s File No. 303-1, 304-7, 401-4
X. CITY COUNCIL OTHER BUSINESS

10. Adoption of a City Council Policy to Implement an Accessory Dwelling Unit Amnesty Program to Create Affordable Units in Compliance with Housing Element Program 2B
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) establishing a new City Council Policy (Exhibit A to Attachment A) to implement a new amnesty program to create moderate and lowincome affordable dwelling units as identified in Housing Element Program 2B.

Reference: Clerk’s File No. 303-1, 304-7
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

11. Council Consideration to Censure Deputy Mayor Quirk for Failing to Provide Proper Disclosure and Transparency in Public Communications Recommended Action: Councilmembers Druker and Gaasterland request that the City Council consider adoption of a Resolution (Attachment A) censuring Deputy Mayor Dan Quirk for failing to provide proper disclosure and transparency in his public communications leading to confusion and perceived misrepresentation of City views and positions on important public topics and inappropriate use of public resources.

Reference: Clerk’s File No. 101-2, 401-1
XI. COUNCIL MEETING RECESS
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Arts Advisory Committee (Druker)
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

December 18, 2023
Water Quality Monitoring Program for San Dieguito Lagoon Adoption of an Ordinance to Amend Accessory Dwelling Unit Regulations and Local Coastal Program
Adoption of an Ordinance to Amend Accessory Dwelling Unit Incentive Program Amendment to Agreement for Sales, Use and District Tax Audit and Consulting Services RFQ 2023-08 As-Needed Planning Services
Introduction of an Ordinance Amending Public Parking Zones to Include Public or Private Lots Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new low-income beach parking pass program)
Amendment to LOSSAN Guiding Principles
Council Appointment of 2024 Mayor and Deputy Mayor
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 29th day of November, 2023 at approximately 5:40 p.m.
___________________________________________ 11/29/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 13, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that Deputy Mayor Quirk was absent for the November 13, 2023, Closed Session and that Mayor Martinez was recused from Item A(1) due to living within 500 feet of the subject matter of that discussion. There were no reportable actions for any items on the November 13, 2023, closed session agenda.

PLEDGE OF ALLEGIANCE
Girl Scout Troop 2216 led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the San Diego Association of Governments (SANDAG) is holding office hours related to the LOSSAN Rail Realignment project at City Hall every Tuesday from 9:00 a.m. to 6:00 p.m. in the Breezeway South Conference Room; upcoming Accessory Dwelling Unit (ADU) items returning to City Council on December 4, 2023, including introduction of the ordinances and adoption of a resolution to create new ADU regulations, an ADU Amnesty Program, and incentives to create low-income units; short term rental policy framework returning to Council on January 22, 2024; and beach colony pedestrian improvement project construction starting on November 14, 2023, along Coast Boulevard between 17th and 21st Street.

1 December 4, 2023 Item 01
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November 13, 2023

PRESENTATIONS
ITEM 1: RE:BEACH CITY OF OCEANSIDE COASTAL RESILIENCE PROJECT (CLERK’S FILE NO. 1404-1, 1505-7)
Mayor Martinez introduced the item. A presentation was provided by City of Oceanside Coastal Zone Administrator Jayme Timberlake. Councilmember Worden commented on the process as a member of the RE:BEACH jury.

City Council questions and discussion focused on the status and projected cost of the project; role of the jury; whether the project can be applied to other jurisdictions and portions of the coastline outside of the City of Oceanside; volume of sand at the Camp Pendleton beaches; and whether the RE:BEACH project has contemplated using sand collected from behind damns in the area for sand replenishment.

There were no public speakers for the item.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7, 9 THROUGH 13. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: OCTOBER 2, 2023 REGULAR MEETING, OCTOBER 16, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED NOVEMBER 13, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401- 4)
Council waived the reading of ordinances, on consent.

ITEM 5: LEASE AGREEMENT WITH THE NORTH COUNTY TRANSIT DISTRICT FOR PARCEL 299-100- 33-00 (TRAILHEAD PARKING LOT) (CLERK’S FILE NO. 406-1, 1506-20)
2 December 4, 2023 Item 01
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November 13, 2023

Councilmember questions focused on the leased area; authorized uses of the area; and whether there are time restrictions for use of parking spaces in the lot.

Council approved a ten-year lease agreement with the North County Transit District (NCTD) for Parcel 299-100-3300 (Trailhead Parking Lot); authorized the City Manager to execute the Lease Agreement; and amended the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact Section of this report, on consent.

ITEM 6: RESOLUTION RE-AFFIRMING THE DECLARATION OF A CLIMATE EMERGENCY FOR THE CITY OF DEL MAR (CLERK’S FILE NO. 1403-4) Council adopted Resolution 2023-43, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, REAFFIRMING THE DECLARATION OF A

CLIMATE EMERGENCY AND THE NEED FOR ACCELERATED ACTION TO ADDRESS THE CLIMATE CRISIS”, on consent.

ITEM 7: SCOPE OF WORK WITH THE SOLANA CENTER FOR ENVIRONMENTAL

INNOVATION FOR ORGANICS RECYCLING COMPLIANCE SUPPORT SERVICES (CLERK’S FILE NO. 906-9)
Council approved a scope of work totaling $38,000 with Solana Center for Environmental Innovation (Solana Center) for Organics Recycling Compliance Support Services under an existing agreement between the Solana Center and the Regional Solid Waste Association (RSWA) Joint Powers Authority, of which the City is a member agency, and authorized the City Manager to execute the required documents, on consent.

ITEM 8: AWARD OF CONSTRUCTION CONTRACT TO BALI CONSTRUCTION, INC. FOR THE 2023 WATER, WASTEWATER, PAVEMENT, AND STORM DRAIN PROJECT (CLERK’S FILE NO. 406-1)
The item was pulled from the Consent Calendar for a brief presentation and City Council questions. Principal Engineer Karen Falk provided a presentation. City Council questions focused on the number of bids received; how the projects were identified and whether they align with the street assessment that are underway; and scope of re-paving included in the project.

There were no public speakers for this item.

IT WAS MOVED BY COUNCILMEMEBER DRUKER, SECONDED BY DEPUTY MAYOR QUIRK FOR COUNCIL TO AWARD A $1,675,555 CONSTRUCTION CONTRACT TO BALI CONSTRUCTION, INC. FOR THE 2023 WATER, WASTEWATER, PAVEMENT, AND STORM DRAIN PROJECT; AWARD A
$136,340 TASK ORDER TO DUDEK FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE A 10% PROJECT CONTINGENCY OF $167,525; AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED 3 December 4, 2023 Item 01
City Council Regular Minutes
November 13, 2023

DOCUMENTS AND ANY CONTRACT CHANGES NECESSARY TO COMPLETE THE WORK; AND AMEND THE FISCAL YEAR 2023-2024 OPERATING AND

CAPITAL BUDGET AS DESCRIBED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 9: UPDATE ON THE HOUSING ELEMENT IMPLEMENTATION WORK PROGRAM (CLERK’S FILE NO. 304-7)
Council questions focused on City’s approach with the California Department of Housing and Community Development; clarification on the deadlines included in the work plan; and further explanation of an exclusive negotiating rights agreement.

Council received the update on the Housing Element Work Program, on consent.

ITEM 10: APPROVAL TO PURCHASE FIREFIGHTER SELF CONTAINED BREATHING APPARATUS AND RAPID INTERVENTION TEAM PACKS (CLERK’S FILE NO. 1101-8 )
Council authorized the purchase and replacement of critical fire equipment including (10) Self Contained Breathing Apparatus (SCBAs), (1) Rapid Intervention Team Packs, and related accessories totaling $122,445.77 from Municipal Emergency Services (MES); authorized the City Manager to execute the necessary documents; and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.

ITEM 11: PURCHASE OF MOBILE DATA COMPUTERS, OPERATING SOFTWARE, ACCESSORIES, AND INSTALLATION FOR EMERGENCY VEHICLES (CLERK’S FILE NO. 1101-8)
Council approved the purchase and installation of two (2) Mobile Data Computers (MDCs), Tablet Command Operating Software, Accessories for the MDCs, Installation into the Fire Engine, and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.

ITEM 12: LAGOON COMMITTEE APPOINTMENT AND CHARTER AMENDMENT (CLERK’S FILE NO. 401-5)
Council re-appointed Udo Wahn as a voting member of the Lagoon Committee to serve a second full three-year term starting November 1, 2023, and ending on November 30, 2026; and adopted Resolution 2023-44, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING AND

RESTATING THE LAGOON COMMITTEE CHARTER TO REDUCE MEMBERSHIP SIZE FROM NINE TO SEVEN MEMBERS AND CONVERT THE EX-OFFICIO, NONVOTING MEMBER TO A VOTING MEMBER”, on consent. 4 December 4, 2023 Item 01
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November 13, 2023

PUBLIC HEARING
ITEM 13: INTRODUCTION OF AN ORDINANCE REGULATING BALLOONS FILLED WITH A GAS LIGHTER THAN AIR (CLERK’S FILE NO. 401-4, 401-9, 1403-4) Mayor Martinez opened the public hearing for public comment and the following people spoke:
1) Eugene Swiech
2) Jefferey Lehman
Margit Boyesen, Janis Jones, Mark O’Connor, and Leslie Rapp submitted speaker slips in support of the proposed ordinance.

Mayor Martinez closed the public hearing. The ordinance was introduced, on consent.

ITEM 14: ENCROACHMENT PERMIT EP23-073 – REQUEST TO RETAIN UNPERMITTED FENCING, ENTRY ARBOR, AND LANDSCAPING WITHIN THE PUBLIC RIGHTOF-WAY AT 157 6TH STREET (APPLICANT: ARTURO VIVAR) (CLERK’S FILE NO. 802-1)
Councilmember Gaasterland was recused due to living within 500 feet of the subject matter of the discussion. An introduction to the item was provided by City Manager Jones. A presentation was provided by Limited-Term Senior Management Analyst Beth Murray.

Council questions focused on whether parking is allowed in the area; location of the Torrey Pines tree shown on the site map; and clarification on the City’s prior development approvals related to the property.

The applicant Arturo Vivar provided a presentation.

There were no public speakers for the item.

Council discussion focused on the scope of the public hearing before the Council this evening.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY DEPUTY MAYOR QUIRK TO ADOPT RESOLUTION 2023-45, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP23-073 REQUESTING TO

RETAIN EXISTING UNPERMITTED FENCING, ENTRY ARBOR, AND LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 157 6TH STREET IN DEL MAR, CALIFORNIA”, BASED ON THE PROJECT’S NON-COMPLIANCE WITH THE DEL MAR MUNICIPAL CODE (DMMC) AND CITY COUNCIL POLICY 110 - PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY. (VOTE 4-0-1 WITH COUNCILMEMBER GAASTERLAND RECUSED) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, and Worden; Noes: 0;

Absent: 0; Abstain: Councilmember Gaasterland (Recused).

CITY COUNCIL OTHER BUSINESS
5 December 4, 2023 Item 01
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November 13, 2023

ITEM 15: PROPOSED DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2)
A presentation was provided by Councilmembers Druker and Gaasterland.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Betsy Milich
2) Brian Milich
3) John Stahl
4) Clive Freeman
5) Peter Cramton
6) Eugene Swiech
7) Steve Quirk
8) Tim Davis
9) Steven Crowe
10)Camillia Rang
Mayor Martinez closed the item to public comment.

Council questions and discussion focused on whether freight and passenger trains will be carbon neutral in the future; clarification that the SANDAG LOSSAN rail alignment options have not been finalized; suggestions to amend the guiding principles made during public comment and submitted by red dot; whether it is feasible for the City to partner with San Clemente to consider rail relocation; timing for a cost benefit analysis for the LOSSAN Rail Realignment project; purpose of the guiding principles; whether the California Environmental Quality Act (CEQA) applies to private properties; and desire to add a guiding principle related to the Del Mar Fairgrounds.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER

DRUKER TO ADOPT THE GUIDING PRINCIPLES WITH AMENDMENTS THAT WERE DISCUSSED. (VOTE 4-1-0 WITH DEPUTY MAYOR QURK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.

City Council consensus was for Mayor Martinez and Councilmember Gaasterland to work with City Manager Jones to draft an additional guiding principle related to the Del Mar Fairgrounds for City Council consideration at the December 18, 2023, meeting.

ITEM 16: ADOPTION OF THE 2024 CITY COUNCIL MEETING SCHEDULE (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by City Manager Jones.

There were no public speakers for the item.

Council discussion focused the timing for the Council’s summer recess and the practices of other agencies and local jurisdictions.
6 December 4, 2023 Item 01
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November 13, 2023

IT WAS MOVED BY DEPUTY MAYOR QUIRK, SECONDED BY MAYOR MARTINEZ TO ADOPT RESOLUTION 2023-46, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF THE CITY COUNCIL FOR THE 2024 CALENDAR YEAR”. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
None. The City Council agreed to defer these reports to the December 4, 2023, Council meeting.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:27 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
7 December 4, 2023 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
NOVEMBER 13, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Martinez called the meeting to order at 3:00 P.M.

ROLL CALL

Present: Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden. Absent: Deputy Mayor Dan Quirk.

CLOSED SESSION
A. Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Three
Description: 1) Constraints related to Senate Bill 330; 2) City Regional Housing Needs Assessment (RHNA) Allocation – State Employment Development Department (EDD) Data; 3) Potential code enforcement liabilities
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Mayor Martinez was recused from participating in Item A1 due to the proximity of her home to the subject location.

B. Conference with Legal Counsel – Initiation of Litigation Number of Cases: One
Description: City Regional Housing Needs Assessment (RHNA) Allocation – State Employment Development Department (EDD) Data
Authority: Government Code section 54956.9(C)
Reportable Action: None.

C. Conference with Legal Counsel – Existing Litigation
Olson v. City of Del Mar
San Diego Superior Court Case No. 37-2023-0023407-CU-PT-CTL.

Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

D. Conference with Legal Counsel – Existing Litigation
Olson v. City of Del Mar
San Diego Superior Court Case No. 37-2019-00069156-CU-MC-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:15 P.M.

Sarah Krietor, Administrative Services Manager/City Clerk 8 December 4, 2023 Item 01
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24 December 4, 2023 Item 02
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: December 4, 2023
SUBJECT: Approval of the 2024 Advisory Committee Meeting Schedule REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve the 2024 Advisory Committee Meeting Schedule (Attachment A).

DISCUSSION/ANALYSIS:

Del Mar has a long and proud history of active citizen involvement with a robust system of citizen advisory committees. Current City advisory committees include: Arts, Finance, Lagoon, Measure Q Citizen Oversight, Parks and Recreation, Shores Park (on hold), Sustainability, Traffic and Parking, and Undergrounding Project, as well as the quasijudicial Design Review Board and Planning Commission.

The Del Mar community benefits greatly from the talented individuals who serve on these committees, and their contributions help the City further the goals of the Community Plan by protecting, preserving, and promoting the unique values that make Del Mar the special place that it is. The committees and their citizen participants also help to ensure that City government reflects the values of the community, and they provide many hours of highly valuable volunteer time.

Beginning in 2022, City advisory committees started meeting on a quarterly basis with special meetings scheduled on an as-needed basis upon approval of the committee’s designated Council liaisons. Prior to 2022, advisory committees typically met monthly.

This important and beneficial change takes into consideration the limited amount of staff resources that are available to support the City’s committees, while still ensuring that the committees are able to complete an annual work plan that provides value and support for the City Council’s identified goals and priorities and the City’s overall work plan.

In 2023, the City Council authorized advisory committees to hold an administrative meeting in addition to their regular quarterly meetings, in order to appoint committee 1 December 4, 2023 Item 04
City Council Agenda Report
2024 Advisory Committee Meeting Schedule
December 4, 2023

officers and develop a proposed work plan for the coming year. These meetings will be scheduled by staff upon request as authorized by the assigned Council liaisons to the committee. The committees also have the ability to create subcommittees that are able to convene and work on approved committee work plan items in between the quarterly committee meetings.

In 2023, there were a total of 29 scheduled meetings between all the City advisory committees, in addition to meetings of the City Council, Design Review Board and Planning Commission. In 2024, staff is proposing to host a total of 30 regular advisory committee meetings, which does not include any special meetings that may be scheduled on an as-needed basis.

The proposed 2024 Advisory Committee Meeting Schedule is included with this report as Attachment A. Should any changes to the meeting schedule occur following approval, staff will revise the schedule accordingly, update the City’s public meeting calendar, and notify committee members.

At this time, the Shores Park Advisory Committee is on hold per prior City Council direction, so no meetings are proposed for 2024. Should the City Council decide to reactivate the Shores Park Advisory Committee in the future, meeting dates would be scheduled by staff in coordination with the assigned Council liaisons and committee members.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for Fiscal Year 2023-24.

ATTACHMENTS:

Attachment A – Proposed 2024 Advisory Committee Meeting Schedule 2 December 4, 2023 Item 04
2024 ADVISORY COMMITTEE MEETING SCHEDULE
Arts Advisory Committee January 31; April 24; July 10; October 23 (4th Wednesday @ 2:00 pm, except January and
July)
Finance Committee January 23; February 27; May 21; September 24 (4th Tuesday @ 3:00 pm, except May)
Lagoon Committee February 21; April 17; July 17; October 16 (3rd Wednesday @ 5:00 pm)
Measure Q Citizen Oversight January 17; December 5
(Meets bi-annually or as-needed, per Charter)
Parks & Recreation Committee February 14; May 8; September 11; December 11 (2nd Wednesday @ 4:45 pm)
Shores Park Advisory Committee Per City Council direction, committee on hold until master planning process resumes
Sustainability Advisory Committee January 29; April 29; July 15; October 28 (last Monday @ 5:00 pm, except July)
Traffic and Parking Advisory
Committee
January 16; April 16; July 16; October 15
(3rd Tuesday at @ 5:00 pm)
Undergrounding Project Advisory
Committee
March 14; June 13; September 12; December 12
(2nd Thursday @ 10:00 am)
3 December 4, 2023 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Emily Torres, Management Analyst
Clement Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: December 4, 2023
SUBJECT: Second Reading and Adoption of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance (Attachment A) to add Chapter 11.48 to the Del Mar Municipal Code (DMMC) prohibiting the use, sale, and distribution of balloons filled with a gas lighter than air.

DISCUSSION/ANALYSIS:

On November 13, 2023, the City Council introduced an Ordinance (Attachment A) to prohibit the use, sale, and distribution of balloons filled with gas lighter than air as a part of the City’s ongoing efforts to reduce plastic pollution that is harmful to the environment.

Plastic pollution is a significant environmental challenge and microplastics have been found in drinking water, food, and the air we breathe. The City of Del Mar has been a leader in implementing local regulations to prohibit the use of expanded polystyrene and non-recyclable plastic disposable food service ware, plastic straws, and stirrers, prohibit the distribution of paper, biodegradable or reusable straws unless requested by customers, and single-use plastic carry-out bags.

All plastics remain in the environment for hundreds of years and balloons are no different.

Latex and Mylar are the two types of balloons in general use. Mylar balloons are petroleum-based and not biodegradable, and while latex does biodegrade, latex balloons contain properties that are not 100% biodegradable. The release of both types of balloons results in additional plastic pollution that negatively impacts the safety of our citizens, wildlife, oceans, coastlines, and communities.

Plastics will continue to be part of our environment in the near-term, despite waste reduction efforts. However, the most effective way to reduce balloon debris in the City’s waterways and to protect our local environment at this time is to prohibit the sale and intentional release of lighter than air-filled balloons due to their frequent release into the atmosphere and high likelihood of becoming coastal pollution. 1 December 4, 2023 Item 05
City Council Agenda Report
Adoption of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air December 4, 2023

When the ordinance was introduced on November 13, 2023, the City received unanimous and overwhelming support for the new regulation. The Ordinance will be effective thirty (30) days after adoption.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Staff estimates a limited amount of staff time will be needed to coordinate the education and outreach efforts to the one (1) impacted Del Mar business prior to the ordinance going into effect.

ENVIRONMENTAL IMPACT:

The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Therefore, this Ordinance is further exempt from the provisions of CEQA pursuant to Section 15308 of the State CEQA Guidelines as an action to assure the maintenance, restoration, enhancement, or protection of the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Adoption of the proposed ordinance is a priority project in the City Council approved SAC Work Plan for Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Ordinance Regulating Balloons Filled with a Gas Lighter Than Air 2 December 4, 2023 Item 05
Attachment A
ORDINANCE No. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA ADDING CHAPTER 11.48 TO THE DEL MAR

MUNICIPAL CODE PROHIBITING THE USE, SALE AND

DISTRIBUTION OF BALLOONS FILLED WITH A GAS LIGHTER

THAN AIR
WHEREAS, the City of Del Mar, California (“City”) aims to be a leader in sustainability and take action to protect our natural resources, divert waste from landfills, reduce greenhouse gas emissions, and increase City cleanliness and quality of life by reducing litter on City beaches and public areas; and
WHEREAS, the City has been a leader in implementing local regulations to decrease litter and pollution by prohibiting the use of expanded polystyrene and nonrecyclable plastic disposable food service ware, plastic straws and stirrers, prohibiting the distribution of paper, biodegradable or reusable straws unless requested by customers, and single-use plastic carry-out bags; and
WHEREAS, State law currently prohibits the outdoor release of any balloon constructed of electrically conductive material (e.g., foil or “Mylar”) that is filled with a gas lighter than air as part of a public or civic event, promotional activity or product advertisement, and places certain requirements on the condition of sale for such balloons (California Penal Code Section 653.1 and Business and Professions Code Section 22942); and
WHEREAS, State law does not address the release of other common balloon materials, such as latex balloons, that have detrimental effects on wildlife and the environment; and
WHEREAS, the City of Del Mar desires to implement additional measures to minimize the existence of balloons filled with a gas lighter than air within the City and mitigate the dangerous impacts from these balloons coming into contact with ocean life, animals and power lines; and
WHEREAS, helium is a unique and precious non-renewable resource that is predicted to run out sometime between 2030 and 2040 due to human use and there is a concern for limited supply for use in science, industry, and medicine; and WHEREAS, balloons can be damaging to ecosystems and wildlife when released into the air or not disposed of properly, as they are not biodegradable; and WHEREAS, the Ocean Conservancy lists balloons as the second most dangerous debris item since they are frequently mistaken as food by birds, mammals, and marine life; and
3 December 4, 2023 Item 05
Ordinance No. ____ Attachment A

WHEREAS, balloons are the most common form of floating garbage within 200 miles of American shorelines, and beach litter surveys have shown that the number of balloons and balloon pieces found on beaches has tripled in the past 10 years; and WHEREAS, balloon debris persists despite laws and regulations that prohibit littering, which contributes to dirty beaches, parks and communities, creates added costs to City budgets and discourages tourism; and
WHEREAS, balloons made of metalized or foil materials that conduct electricity, including Mylar, also pose a safety hazard when released as they can cause power outages, explosions, downed power lines, and damaged infrastructure when coming near or into direct contact with high-voltage power lines, resulting in costly repairs and/or hours of power outages affecting City residents and businesses; and WHEREAS, over the past five years, Mylar balloons have been identified as the cause of more than 520 power outages and 18 dangerous fire ignitions in the San Diego region’s electrical system; and
WHEREAS, the most effective way to reduce balloon debris in the City’s waterways, decrease litter and pollution and protect the environment, marine life, human health and the City’s infrastructure, is to prohibit the use, sale and distribution of balloons filled with a gas lighter than air; and
WHEREAS, on October 23, 2023, the Sustainability Advisory Committee considered the proposed Ordinance and recommended adoption by the City Council of Chapter 11.48 to the Del Mar Municipal Code prohibiting the use, sale and distribution of balloons filled with a gas lighter than air.

NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE:

Chapter 11.48 of the Del Mar Municipal Code is hereby added as follows:

Chapter 11.48 PROHIBITING THE USE, SALE AND DISTRIBUTION OF BALLOONS

FILLED WITH A GAS LIGHTER THAN AIR

11.48.010 Purpose and Intent.

The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the City by prohibiting the use, sale and distribution of balloons filled with a gas lighter than air. In enacting this Chapter, it is the City’s intent to further current prohibitions and regulations relating to balloons under State law and to protect the City’s residents, businesses, animals, and infrastructure from damage caused by balloons. 4 December 4, 2023 Item 05
Ordinance No. ____ Attachment A

Nothing in this Chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulation.

11.48.020 Definitions.

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Balloon means a flexible bag, including but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon fabric, that is designed to be inflated with a gas lighter than air, causing it to float, or designed to be filled with fluid. A balloon may be used for decorative, toy or entertainment purposes. Balloons used for medical, industrial or scientific purposes are not subject to the provisions of this Chapter.

City-Sponsored Event means any event, activity or meeting organized, sponsored, permitted, in whole or in part, by the City or any department of the City. This includes events at rented or borrowed City Facilities, City Parks, City Beaches and City cosponsored events.

Gas Lighter Than Air means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but are not limited to, helium, hydrogen, methane, oxygen, and nitrogen.

Person means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

11.48.030 Prohibition on the Use, Sale and Distribution of Balloons.

A. No Person, including, but not limited to, a balloon wholesaler, retailer or third-party vendor, shall use, sell or distribute any type of Balloon inflated with any Gas Lighter Than Air within the City, either as a separate item or included in a packaged product set, including at any City Facility, City Park, City Beach or at a City-Sponsored Event.

B. No Person shall dispose of any Balloon inflated with any Gas Lighter Than Air within the City in any manner, including release outdoors into the air, other than in a trash container.

C. This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research purposes.

11.48.040 Enforcement and Administrative Remedies.

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this 5 December 4, 2023 Item 05
Ordinance No. ____ Attachment A

chapter, including, but not limited to, inspecting any commercial business, City Facility, City Park, City Beach or City-Sponsored Event to verify compliance.

B. Any violation of this chapter shall be enforced through the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this chapter shall be considered a separate offense.

D. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law. The city attorney may seek legal, injunctive, or other equitable relief to enforce the provisions of this chapter and any regulations or administrative procedure developed pursuant hereto.

E. In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.

F. Administrative enforcement of this chapter shall proceed pursuant to Chapter 1.10 of the Del Mar Municipal Code.

G. Notwithstanding any other provision of this chapter, this chapter may be enforced through any remedy as provided for in this section upon its effective date.

SECTION TWO:

The action being considered by the City Council is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken to assure the maintenance, restoration, enhancement and protection of the environment. This action further strengthens the City’s regulations regarding the use of expanded polystyrene products, plastic straws/stirrers, and non-recyclable plastic disposable food service ware that harm the environment. Further, the action is exempt from CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) because in can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment.

SECTION THREE:

This Ordinance was introduced by the City Council on November 13, 2023. 6 December 4, 2023 Item 05
Ordinance No. ____ Attachment A

SECTION FOUR:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION FIVE:

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION SIX:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION SEVEN:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”).

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 4
th day of December 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
7 December 4, 2023 Item 05
Ordinance No. ____ Attachment A

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
8 December 4, 2023 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mike D’Aquila, Public Works Operations Manager
Via Ashley Jones, City Manager
DATE: December 4, 2023
SUBJECT: Third Amendment to the Agreement with MSC Janitorial Services, Inc. for Janitorial Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the Third Amendment (Attachment A) to the City’s Janitorial Services Agreement (Agreement) with MSC Janitorial Services Inc. to amend the fee schedule; and 2) Authorize the City Manager to execute the Third Amendment.

DISCUSSION/ANALYSIS:

The City of Del Mar administered a Request for Proposals for as-needed janitorial services and entered into the Agreement with MSC Janitorial Services, Inc. (MSC) on October 7, 2019, for an initial three-year term ending on October 7, 2022. In February 2021, the Agreement was amended to increase the monthly fees due to market driven increases to labor rates. In August 2022, the Agreement was amended to add janitorial services for the Del Mar Civic Center along with Public Works offices and restrooms, seasonal porter service for the Powerhouse Community Center restrooms, 17th Street Beach and Safety Center restrooms, and as-need support for City-sponsored events. At that time, the Agreement was also extended for a two-year period ending October 7, 2024.

Due to escalating labor and operational costs, MSC has requested a five percent (5%) increase to their monthly fees for janitorial services at the Del Mar Civic Center and Public Works offices. As the Agreement does not provide for an escalation of fees, an amendment is needed to formally approve the increase in service rates.

To date, MSC has provided highly responsive and quality services to the City, and the 5% requested increase to fees for service is still well within current market rates for janitorial services. Therefore, staff recommends that the Agreement with MSC be amended to increase the fees by 5% for monthly janitorial service at the Del Mar Civic Center and Public Works.

The original Agreement and the subsequent First and Second Amendments to the Agreement with MSC are included as Attachments B, C and D, respectively. 1 December 4, 2023 Item 06
City Council Agenda Report
Third Amendment to the Agreement with MSC Janitorial Services December 4, 2023

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year 2023-2024 Operating and Capital Budget to cover the increase in monthly janitorial fees identified in the Third Amendment.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for FY 2023-24.

ATTACHMENTS:

Attachment A – Third Amendment to Agreement with MSC Janitorial Services Attachment B – Agreement with MSC Janitorial Services
Attachment C – First Amendment to Agreement
Attachment D – Second Amendment to Agreement
2 December 4, 2023 Item 06

THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND MSC JANITORIAL SERVICES INC. FOR JANITORIAL SERVICES THIS THIRD AMENDMENT to the Agreement (Third Amendment) is made and entered into effective the 4th day of December, 2023, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and MSC Janitorial Services Inc. (“Contractor”) (collectively “Parties”).

RECITALS
WHEREAS, on October 7, 2019, the City and Contractor entered into an Agreement for asneeded janitorial services (Agreement), by which the City and Contractor established the terms and conditions for providing janitorial services for an initial three-year period ending on October 7, 2022; and WHEREAS, on February 1, 2021, the City and Consultant entered into the First Amendment to the Agreement amending the compensation for services; and WHEREAS, on September 1, 2022, the City and Consultant entered into the Second Amendment to the Agreement amending the scope of work, compensation for services, and term of the agreement; and
WHEREAS, the term of the agreement, as amended, began on October 7, 2019 and terminates October 7, 2024 (“Termination Date”) unless terminated earlier as set forth herein; and WHEREAS, the Parties now desire to amend the compensation included in the Agreement to provide for a five percent (5%) increase to the monthly fees for janitorial services due to market driven increases to labor rates and the recent increase to State minimum wage; and WHEREAS, the Third Amendment is necessary in order to amend the compensation for monthly janitorial services provided by the Contractor.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Exhibit B to the Agreement (“Fee Schedule”) is hereby replaced with the new Exhibit B included with this Third Amendment as Attachment A, to provide for a fee increase as described in the recitals above.

Section 2. Except as otherwise provided in this Third Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect. [SIGNATURES ON THE FOLLOWING PAGE]
3 December 4, 2023 Item 06
MSC Janitorial Services, Inc.

Third Amendment to Janitorial Services Agreement

IN WITNESS WHEREOF, the parties have caused this Third Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
MSC Janitorial Services, Inc.

By:

Nolbert Navarro, General Manager

ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
4 December 4, 2023 Item 06
MSC Janitorial Services, Inc.

Third Amendment to Janitorial Services Agreement

ATTACHMENT A TO THIRD AMENDMENT
NEW EXHIBIT “B”

FEE SCHEDULE
Baseline Cleaning Services Labor Pricing:

Activity Per Hour Cost
Labor, Hourly Rate During Regular Working Hours
(M-F 8am – 5pm) $ 23.50 per hour
Labor, Hourly Rate After Regular Working Hours
$ 23.50 per hour
Base Services:

Location Service Charge

1. Public Works Facility – 2240 Jimmy Durante Blvd. $ 455 per month

2. 17th Street Public Restrooms – 1700 Coast Blvd $ 23.50 per hour

3. Powerhouse Restrooms – 1648 Coast Blvd. $ 23.50 per hour

4. Civic Center – 1050 Camino del Mar $ 4,950 per month Additional Services (As-Needed):

Additional Window Cleaning Cost per Sq. Ft. $ per job
Additional Carpet Shampooing Cost per Sq. Ft.
$ 0.55
Additional/Event Cleanup Services
(Summer Concert / Solstice Event regular
working hour)
Cost per Hour
$ 23.50
Weekends and Holidays with one (1) hour
response time
Cost per Hour
$ 30.00
Carpet Extraction (City Hall/Town Hall) Per Request
$ 1,067
Window Washing (City Hall/Town Hall) Per Request
$ 1,050
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City of Del Mar
Agenda Report
________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Jennifer Gavin, Associate Planner
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: December 4, 2023
SUBJECT: Utility Undergrounding District 1A – Stratford Court South Project Pre-Bid Update, Approval of Design Review Permit DRB23-024 and Land Conservation Permit LC23-014, and Approval of Task Order Amendment for Utility Specialists Southwest, Inc.

REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:
1) Receive the Utility Undergrounding District 1A - Stratford Court South Project (UUD 1A) pre-bid update report;
2) Adopt a Resolution (Attachment A) approving Design Review Permit DRB23-024 and Land Conservation Permit LC23-014 for grading and installation of retaining walls required to locate undergrounded utility facilities in the Stratford Court City Right-of-Way and Easement adjacent to the properties at 639, 717, and 1105 Stratford Court and 215 9th Street;
3) Approve a $71,178 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD 1A; 4) Authorize the City Manager to execute the Task Order Amendment; 5) Authorize City Construction for UUDs 1A & X1A to proceed on a go-when-ready schedule.

DISCUSSION/ANALYSIS:

Background
The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UDDs) is included with report as Attachment C for reference. 1 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

On July 12, 2021, the City Council authorized formation of Utility Undergrounding District (UUD) 1A (Stratford Court South). UUD 1A was identified as the next district after completion of the Tewa Court/10th Street UUD pilot project, which was completed on February 8, 2023. UUD 1A includes 56 poles and 7,650 linear feet of overhead conversion to 9,135 linear feet of underground trench from 4th Street to 12th Street, including 227 properties and 464 residences. 64 of the homes or buildings require undergrounding of their private service lateral at the expense of the property owner. A map of UUD 1A is included as Attachment D.

The purpose of this report is to provide a project pre-bid update, seek Council approval for the Design Review and Land Conservation Permits, complete the CEQA review, and allocate additional pre-construction phase funding, all in preparation for the next major step, which is to initiate the public bidding process for the project as required by the California Public Contracts Code.

Project Pre-Bid Update
UUD 1A is nearing the public bidding phase and completion of the design phase which has been ongoing since the formation of this district. Design phase activities include surveying existing conditions, utility company designs, city civil engineering design, construction bid documents, homeowner service lateral design coordination, easement coordination/recordation, and permitting.

San Diego Gas & Electric (SDG&E) completed their preliminary designs in April 2023 and are currently finalizing their design documents. AT&T, Charter, and Crown Castle used SDG&E’s joint trench layout to complete their final design documents. The City’s undergrounding consultant and City staff completed the civil engineering design and are currently finalizing the construction bid documents. The public bidding phase is scheduled to start this month with an estimated date of February 20, 2024, for City Council award of the construction contract. The outstanding elements of the project are awaiting the final design documents from the utility companies and the necessary agreement with the City from SDG&E.

As part of the formation of UUD 1A on July 12, 2021, the total project cost was estimated at $3.55 million. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management services during construction. This initial estimated project cost for UUD 1A was developed prior to the public bidding phase for the Tewa Court/10th Street UUD. Since that time, the estimated project costs have been updated with more accurate costs related to the utility companies and general construction based on actual costs from the Tewa Court/10th Street UUD.
2 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

The total project cost for UUD 1A is now estimated to be $5.40 million with the primary changes in estimated costs from July 12, 2021, to the present being attributable to increases in utility companies, general construction, and construction management support costs. For utility companies’ costs, the City only expects to pay AT&T for engineering and inspection and does not expect to incur any charges from Spectrum/Charter. For general contractor costs, the original estimate was made prior to truly understanding the construction costs based on the actual costs of the Tewa Court/10th Street UUD. Furthermore, the original estimate was based on linear feet of overhead as opposed to underground joint trench, which is a more accurate statistic to estimate. The latest general contractor cost is based on the engineer’s estimate included as Attachment E. Due to lessons learned during Tewa, the City is now including a fulltime, contract construction management position during City construction and as needed for other portions of the project, as previously directed by the City Council. Attachment F includes a budget summary reflecting the estimated project costs from initial district formation, the recent CIP budget update, and current pre-bid engineer’s estimate for comparison.

It is important to note that while a more refined engineer’s estimate is provided by the City’s undergrounding consultant, it is ultimately the construction market that will determine the actual cost of the project. Like all City construction projects, the cost of construction will be determined through the competitive bidding process that the City is required to undertake in order to identify the lowest qualified bidder for the project. The City Council will ultimately consider the lowest bid for the project and determine whether to award the contract and initiate the start of project construction.

As part of the Capital Improvement Program budget update on July 6, 2023, the City allocated $5.38 million in funding from Measure Q for the UUD 1A. Any necessary additional funding requests will be based on the results of the competitive construction bidding process.

Design Review and Land Conservation Permit
A Design Review Permit (DRB23-024) and a Land Conservation Permit (LC23-014) are necessary for UUD 1A because the project requires retaining walls and grading to create level accessible ground in sloping areas for dry utility equipment. The locations are at 639, 717, and 1105 Stratford Court and 215 9th Street within the City’s public right-of-way and proposed easement. The retaining walls at 639, 717, and 1105 Stratford Court require the City to obtain retaining wall easements for the protection and operation of dry utility equipment. Staff will return to City Council for retaining wall easements approval prior to construction. As part of the approval for the Tewa Court/10th Street UUD, City Council provided approval for the undergrounding projects to utilize stone veneer or tan split face RCP block for retaining walls. The proposed retaining walls will be faced with the City Council approved stone veneer and includes the following heights and grading quantities:
3 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

Pursuant to DMMC 23.33, proposed grading exceeding 25 cubic yards (cut or fill) outside of the footprint of any structure and/or grading that results in a permanent property elevation change exceeding 18 inches, shall require approval of a Land Conservation Permit (LC).

The following are the grading quantities at each retaining wall location:

Adjacent Address Wall Height Grading Quantity Grading Height 639 Stratford Ct. 3.55 feet 5.9 CY of cut 2.6 feet of cut 717 Stratford Ct. 3.56 feet 2.8 CY of cut 2.1 feet of cut 215 9th St South (Stratford Ct.
adjacent to Winston School)

4.19 feet 11.1 CY of cut 3.3 feet of cut
215 9th St North (Stratford Ct.
adjacent to Winston School)

3.8 feet 41.3 CY of cut 3.8 feet of cut
1105 Stratford Ct. 2.19 feet 6.5 CY cut 1.2 feet of cut Total 67.6 CY
Location of equipment was sited to minimize the need for grading and, as seen in the chart above, is a minimal amount of grading (67.6 CY total for all sites). Attachment G includes a new equipment exhibit for UUD 1A which details the location of new transformers, pedestals, and retaining walls. Attachment H to L includes exhibits with detailed information for all retaining wall locations.

As part of the design process for UUD 1A, the City’s as-needed arborist, West Coast Arborist, completed an inventory of Del Mar’s protected tree species (Torrey Pines and Monterey Cypresses) within the work area for the project. All protected trees identified are to remain and have been identified in the plans. West Coast Arborist’s report, including a Tree Protection Plan, provide for tree protection measures for protected trees located where grading or trenching is to occur. These measures include using hand tools for excavation with supervision by a Certified Arborist. Protected trees are located within the vicinity of the wall locations at 639 and 1105 Stratford Ct and the plans show the Tree Protection Zone.

The contractor selected to perform the work will be required to follow the Tree Protection Plan included as Attachment M to this report.

This project is exempt from a Coastal Development Permit pursuant to DMMC 30.75.200 J. 2. in that the overhead facilities are to be undergrounded into the existing public road and the road will be restored as closely as is reasonable possible to its original condition. 4 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

Pursuant to DMMC 23.08.070, a Design Review Permit must be approved unless findings of fact (based upon information presented during a public hearing) can be made that the project as proposed will result in a conflict with one or more of the Regulatory Conclusions included in the Design Review Ordinance. Similarly, DMMC 23.33.040 stipulates that a request for a Land Conservation Permit shall be approved unless the request conflicts with one or more of the findings in the Land Conservation Ordinance. Staff finds that the design, location, and grading required for the walls is not in conflict with the Design Review Ordinance and that grading is minimal and not in conflict with any of the findings of the Land Conservation Ordinance and recommends approval of the draft resolution attached to this Staff Report (Attachment A).

Task Order Amendment for UUDs 1A Pre-Construction Services A Task Order Amendment for Utility Specialists Southwest, Inc. is necessary to cover the cost of additional pre-construction services for UUD 1A. The additional pre-construction services include $4,500 for development of plat and legal for City retaining wall easements and $81,327 for additional time for enhanced communication and coordination with residents and SDG&E during the pre-construction phase. However, UUD 1A Civil Engineering activities are complete and there is a credit of $14,650 for un-used budget that will be used to offset the additional amount. The additional time for enhanced communication and coordination was recently brought to staff’s attention due to higher than anticipated effort for this task. This includes preparation and additional revisions of homeowner lateral and easement exhibits, frequent updating of homeowner database, homeowner communications, development of the UP Communications Plan, and coordination with SDG&E.

The City previously allocated funds and issued a task order to Utility Specialists Southwest Inc. for pre-construction activities related to UUD 1A. In order to continue implementing the Council’s prior direction related to enhanced coordination/communications with residents prior to construction for the project, the task order with Utility Specialists for the project needs to be amended and increased funding authorized. The proposed UUD 1A task order amendment is for $71,178, bringing the task order total in at $647,877 (12.1% of estimated project cost) for preconstruction activities, which are further described in Exhibit A to Attachment B.

There are additional savings on UUD 1B of $32,306 related to pre-formation activities that will also help offset the additional pre-construction costs on UUD 1A.

UUDs 1A and X1A Construction Timing Recommendation
On February 16, 2023, the Undergrounding Project Advisory Committee (UPAC) formed a subcommittee to evaluate and develop objective criteria and a recommendation for determining whether the City’s construction activities for UUDs 1A and X1A should be done sequentially, concurrently, or go-when-ready. A sequential schedule has City construction activities for UUD 1A proceeding before UUD X1A, a concurrent schedule has City construction activities proceeding at the same time for both projects, and a go5 December 4, 2023 Item 07 City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

when-ready schedule has City construction activities proceeding when each project is ready. The subcommittee’s analysis, objective criteria for determining best approach to City construction activities for 1A and X1A, advantages for each scenario, and recommendation for how to proceed was presented to UPAC on November 14, 2023, and is included as Attachment N.

The UPAC unanimously recommended the City Council authorize staff to proceed with City construction for UUDs 1A & X1A on a go-when-ready schedule. This schedule optimizes the timing for both projects, and there are limited expected drawbacks to proceeding based on the objective criteria. Attachment O includes a program schedule for the districts currently in process (UUDs 1A, X1A, and 1B).

Next Steps
The next steps for UUD 1A are as follows:
 File a Notice of Exemption (NOE) pursuant to the California Environmental Quality Act (CEQA) with the San Diego County Recorder’s Office. A copy of the NOE will then be submitted to SDG&E as confirmation that environmental review pursuant to CEQA was completed for this project. SDG&E requires this step and has indicated they require eight weeks for review prior to the commencement of construction, hence completion of this step will occur now in order for that review period to run in tandem with the public bidding process.  Receive construction package from SDG&E and final design plans from Charter.  Receive final agreement and cost estimate from SDG&E.  Public bidding process for construction contractors, evaluation of bids, award of construction contract by City Council, and issuance of Notice to Proceed. Staff anticipates bringing the construction contract award to City Council for consideration at the February 20, 2024 meeting.
 Obtain SDG&E join trench and City retaining wall easements.  Final step per Del Mar Municipal Code Chapter 23.54 will be City Council adoption of a resolution declaring the date by which all poles within UUD 1A must be removed.
6 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year 2023-2024 Operating and Capital Budget to perform the pre-construction task order work. Any necessary additional funding requests will be made prior to award of the construction contract following the public bidding process. The following is the funding allocated to UUD 1A as of now.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15302(d) (Class 2) in that the project includes the undergrounding of public utilities where the surface will be restored to the existing condition, and CEQA Guidelines Section 15304 (Class 4) in that any grading required to provide access to utilities constitutes a minor alteration in the condition of the land. The proposed project has been designed based on recommendations in an Arborist’s Report titled “City of Del Mar Assessment of Torrey Pines” prepared by West Coast Arborists dated June 3, 2021 to avoid impacts and/or the removal of healthy, mature, scenic trees as a result of the proposed activities (report is on-file with the City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014). It has been further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2) and the project has been designed to avoid sensitive environmental resources.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.

PROGRAM FUND ACCOUNT AMOUNT
Undergrounding (FY21-22 Carryover) Measure Q 02.7000.7202 $555,900 Undergrounding (FY23-24 Budget) Measure Q 02.7000.7202 $3,325,500 Undergrounding (FY24-25 Budget) Measure Q 02.7000.7202 $1,500,000 Penny Lane Imprv (FY23-24 Budget) General 55.7000.7032 $30,000 931 Stratford Ct (FY23-24) In-Lieu 01.2319.1000 $4,160
Total Funding $5,415,560
7 December 4, 2023 Item 07
City Council Agenda Report
UUD 1A Pre-Bid Update, Approval of DRB23-024 and LC23-014, and Task Order Amendment for UUD 1A
December 4, 2023

ATTACHMENTS:

Attachment A – Draft Resolution – DRB23-024 and LC23-014 Attachment B – Utility Specialists Southwest, Inc. Task Order Amendment Exhibit A to Attachment B – UUD 1A Pre-Construction Services Scope of Work Attachment C – UP Citywide Map
Attachment D – UUD 1A Stratford Court South Map
Attachment E – Engineer’s Estimate for City Construction Attachment F – UUD 1A Project Budget
Attachment G – UUD 1A New Equipment Exhibit
Attachment H – 639 Stratford Ct Retaining Wall Exhibit
Attachment I – 717 Stratford Ct Retaining Wall Exhibit
Attachment J – 215 9th St (South) Retaining Wall Exhibit Attachment K – 215 9th St (North) Retaining Wall Exhibit Attachment L – 1105 Stratford Ct Retaining Wall Exhibit Attachment M – UUD 1A & X1A Arborist Report
Attachment N – UUDs 1A&X1A City Construction Timing Recommendations Attachment O – UUDs In-Progress Schedule
8 December 4, 2023 Item 07

ATTACHMENT A
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING DESIGN REVIEW PERMIT DRB23-024,
AND LAND CONSERVATION PERMIT LC23-014 TO PERFORM

CUT GRADING AND INSTALL NEW RETAINING WALLS

WITHIN THE RIGHT OF WAY ADJACENT TO THE
PROPERTIES AT 639, 717, AND 1105 STRATFORD CT AND
215 9TH STREET DEL MAR, CALIFORNIA, IN ORDER TO

LOCATE REQUIRED UTILITY FACILITIES ASSOCIATED
WITH THE 1A UTILITY UNDERGROUNDING
WHEREAS, on July 12, 2021, the City Council of the City of Del Mar conducted a Public Hearing forming the 1A Utility Undergrounding District to remove utility poles and replace overhead cables for electricity and telecommunications with underground lines in the vicinity of those streets; and
WHEREAS, the City of Del Mar (ìCityî) is the owner of the public right-ofways adjacent to 639, 717, and 1105 Stratford Court and 215 9th Street; and WHEREAS, on October 31, 2023, the City of Del Mar (herein referred to as ìApplicantî) filed an application for Design Review Board (DRB) Permit and Land Conservation (LC) Permit (the ìProjectî) to perform cut grading and install new retaining walls within the public right-of-way adjacent to the properties at 639, 717, and 1105 Stratford Court and 215 9th Street, Del Mar, California, in order to locate required utility facilities associated with the 1A Utility Undergrounding District; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15302(d) (Class 2) in that the project includes the undergrounding of public utilities where the surface will be restored to the existing condition, and CEQA Guidelines Section 15304 (Class 4) in that any grading required to provide access to utilities constitutes a minor alteration in the condition of the land. The proposed project has been designed based on recommendations in an Arboristís Report titled ìCity of Del Mar Assessment of Torrey Pinesî prepared by West Coast Arborists dated June 3, 2021 to avoid impacts and/or the removal of healthy, mature, scenic trees as a result of the proposed activities (report is on-file with the City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014). It has been further determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2) and the project has been designed to avoid sensitive environmental resources; and
WHEREAS, the project is exempt from a Coastal Development Permit pursuant to DMMC 30.75.200 J. 2. in that the overhead facilities are to be undergrounded into the existing public road and will be restored as closely as is reasonable possible to its original condition; and
9 December 4, 2023 Item 07
Resolution No. 2023-__

WHEREAS, on December 4, 2023 the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Staff Report, dated December 4, 2023 which is incorporated by this reference as though fully set forth herein; and
d. Additional information submitted during the hearing; and WHEREAS, Section 23.08.070 of the Design Review Ordinance (also herein referred to as ìDROî) states:

23.08.070 Design Regulations. An application shall be approved unless the Design Review Board makes findings of fact based upon the information presented during the hearing that support one or more of the Regulatory Conclusions contained in this Chapter; and
WHEREAS, Section 23.33.040 of the Land Conservation Permit Ordinance provides that an application for a Land Conservation Permit shall be approved unless the Design Review Board makes one or more of the findings set forth in the Ordinance:
and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Del Mar that DRB23-024 and LC23-014 are approved based on the following findings:

Section 1: Design Review Permit
Based upon the project plans and substantial evidence presented at the public hearing on December 4, 2023 Applicantís representativeís written and oral testimony amending the Application, and in accordance with Del Mar Municipal Code (DMMC) Section 23.08.070, the City Council of the City of Del Mar finds that the Project, as conditioned, will not be detrimental to the Community based on the Regulatory Conclusions Sections of DMMC Chapter 23.08 (Design Review).

Section 2: Land Conservation Permit
Based upon the project plans and substantial evidence presented at the public hearing on December 4, 2023, including written and oral staff reports, public written and oral testimony, Applicantís and Applicantís representativeís written and oral 10 December 4, 2023 Item 07
Resolution No. 2023-__

testimony amending the Application, and in accordance with Del Mar Municipal Code (DMMC) Section 23.33.020, the City Council of the City of Del Mar finds that the Project will not be detrimental to the Community based on its conformance with DMMC Chapter 23.33 (Land Conservation).

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar recommends application DRB23-024, and LC23-014 be approved subject to the conditions listed on the following pages; General Conditions
[Note: The conditions listed below may have gaps in numbering or lettering. These gaps are intentional.]
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.

G-3 [Development Authorization Limited to Plan Set]
This permit is granted based on submitted plans dated October 31, 2023, and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.

G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this permit authorization.

G-11 [Plan for Construction-Phase Impacts]
Prior to commencement of project implementation (whichever comes first), the applicant shall provide a plan for construction-phase parking and equipment/materials storage for the project.

G-13 [Permit Expiration]
This permit shall expire three years from the date of approval, on December 4, 2023 unless a Building Permit has been issued (if required by the DMMC) and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, 11 December 4, 2023 Item 07
Resolution No. 2023-__

substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.

G-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m./Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays.

Construction activities are prohibited during other hours and on Sundays and City Holidays. The Cityís Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the Cityís web page (www.delmar.ca.us).

G-17 [Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert- 1-800-227-2600) for a mark out of service utilities.

G-18 [Rules for Construction-related Signage]
All construction-related signage posted at the project site shall comply with DMMC Chapter 30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year.

The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the project review process.

All construction related signage, including City required signs, shall be removed prior to final approval of the project
Engineering Conditions:

These conditions shall be incorporated into the Plan Set or added to the Project Specifications.

E-1 The Plan shall be in compliance with applicable National Pollutant Discharge Elimination System (NPDES) stormwater requirements and shall incorporate 12 December 4, 2023 Item 07
Resolution No. 2023-__

the use of ìBest Management Practicesî (BMPs) to control runoff or discharge onto the City rights-of-way and to avoid run-off onto adjacent properties.

In addition to the considerations listed above, the Plan shall also address/incorporate the following:

E-1A A topographical map indicating right-of-way lines, topographic features and existing and/or proposed utilities prepared by a Registered Civil Engineer or a Licensed Land Surveyor. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features. Survey shall extend the width of the right-of-way, within limits of work;
E-1B The location of all existing or proposed easements which extend past the right-of-way, which are to be used for the utility proposed; E-1C The inclusion of a traffic control plan for any phased work within the right-of-way, shall be submitted to the Public Works Department prior to commencement of work;
E-1D The proposed retaining walls shall be designed and constructed completely within the public right-of-way and easement. No portion of the wall or footing shall extend across the right-of-way line onto private property, unless there is an easement. The limits of the footing of the proposed retaining walls shall be depicted on the plan set. The applicant shall provide a plan and profile view of the proposed retailing wall that will depict top of wall and top of footing elevations;
E-1E Retaining wall sub-drains will not discharge onto City streets, as they contribute to nuisance water. Sub-drains shall discharge on soil, within the right-of-way, to allow percolation back into the soil; E-1F Trench restoration shall be per County of San Diego Regional Standard Drawings. Any distressed pavement within, or adjacent to, the saw-cut limits shall be removed and replaced to the satisfaction of the City Engineer at no additional cost to the City.

E-1G The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard improvement plan and erosion control notes on the plan set; E-1H The applicant shall stabilize all slopes per City approved method; and 13 December 4, 2023 Item 07
Resolution No. 2023-__

E-1I Following construction completion, the project designer shall inspect asbuilt improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan.

E-2 Cuts into hillsides shall require the applicant to obtain a Land Conservation (LC) permit, pursuant to the provisions of the Del Mar Municipal Code (DMMC).

E-3 Prior to project commencement the applicant shall record any easement that is required on private property for the installation of the utility. The easement document shall be prepared to the satisfaction of the Planning and Community Development Director.

E-4 Should any retaining walls need to be designed by a California Licensed Structural Engineer, the applicant shall provide a Geotechnical Report for the project providing the required soil parameters needed to design the proposed retaining walls. The Report shall be prepared, signed and sealed by a Certified Engineering Geologist and a Geotechnical Engineer or Registered Civil Engineer. This Report shall be subject to review and approval by the City Engineer, City Building Department, and if deemed necessary, a third-party with expertise in geotechnical issues. The report required herein shall:

E-4A Evaluate existing site constraints;
E-4B Evaluate potential effect of proposed construction on nearby slopes, sensitive topographic features and neighboring properties; E-4C Evaluate any mitigation measures if necessary;
E-4D Evaluate recommendations for any special construction methods as necessary; and
E-4E Provide recommendations for back-cuts for the construction of retaining walls. These recommendations shall include a time limit that the backcuts can remain in place without either creating a stable backfill or completing construction of the approved retaining walls. 14 December 4, 2023 Item 07
Resolution No. 2023-__

E-5 The applicant shall provide a construction-parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Department of Public Works and the City Engineer prior to issuance of City permits and shall be enforced during construction.

Failure to enforce the parking plan may result in suspension of the City permits.

E-6 The applicant shall restrict hours of work for the use of heavy equipment during grading and improvements between the hours of 7:30AM to 5:00PM, this includes the warmup of equipment. Saturday, Sunday and City holiday work is prohibited.

E-7 All construction activities undertaken shall comply with the Cityís General Plan and Municipal Code. In cases of conflict between the Cityís Municipal Code, these standard conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Cityís Municipal Code regulations; 2) Cityís General Plan; 3) Standard Conditions.

E-8 Pedestrian access along all public streets in the project area shall be maintained at all times unless material is being delivered to the site.

E-9 Any special or unique surfaces shall be restored in-kind. For example, cobblestone gutters shall be restored in-kind. Permittees are required to salvage as much of the existing materials as possible for reuse in the restoration and shall supply any new material with substantially similar characteristics as required for proper restoration.

E-10 The Permittee shall warrant that any trench backfill, trench restoration, pavement restoration, or other work performed in the Right-of-Way will be free from all defects due to faulty materials or quality of work for a period of one (1) years after the date the work was inspected and approved by the City. Upon failure of the pavement restoration within the one (1) year warranty period, the Permittee shall repair or remove and replace all such backfill, Pavement restoration, or other work, together with any other Pavement areas directly affected by that removal or replacement, without any expense to the City.

E-11 Construction Start Notification Letters shall be received by all addresses at least two Days before commencing the work and must include the project limits, 15 December 4, 2023 Item 07
Resolution No. 2023-__

general scope of work, construction start and end dates, and name of contractor if other than the Applicant.

E-12 When the permitted work will affect residentsí access to their property or will disrupt utility services, written notices must be hand delivered by means of door hangers to each residence, as well as to the Public Works Department. The Work Area and Schedule must be included on the notice and all notices delivered at least five (5) business days in advance of commencing work.

E-13 All construction work shall be performed and conducted so as not to interfere with access to the fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Accessways provided by Contractor leading to fire hydrants shall be kept free of all obstructions at all times.

E-14 The Contractor performing work in the right-of-way shall cleanup the work area daily, including the removal of debris and any excess construction material.

There shall be no spoil material stockpiling within the right-of-way upon completion of the workday. Dusty conditions shall be controlled daily by appropriate methods such as sweeping when warranted or as directed by the City Engineer.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of December 2023 ___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
16 December 4, 2023 Item 07
Resolution No. 2023-__

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
17 December 4, 2023 Item 07
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us December 4, 2023 ATTACHMENT B
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 1A (STRATFORD COURT SOUTH) ñ PRECONSTRUCTION SERVICES (ACCOUNT 02.7000.7202 ñ PO#58-00529) This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024.

Consultant shall execute tasks related to the Utility Underground District 1A (Stratford Court South), as described in the Consultantís proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $71,178. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by March 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Martin Boyd, Project Manager II, who can be reached at [email protected] and (858) 375-9531.

Please sign and return an original copy of this Task Order to Denise Galvan, Management Analyst, via mail to City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].

Approved by: Accepted by:

City of Del Mar Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Exhibit A: Utility Specialists Southwest, Inc. - UUD 1A Pre-Construction Services Scope of Work 18 December 4, 2023 Item 07
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 5 months with time divided between Districts 1A, X1A, & 1B. 4.0 4.0 $1,440 b Prepare agendas, draft and distribute minutes for by-weekly calls with time divided between Districts 1A, X1A, & 1B. 4.0 $787 c Attend City Council hearings, if requested by City staff. Assumes attendance at two hearings plus travel with time divided between Districts 1A, X1A, & 1B. 6.0 6.0 $2,460
c2 Attend quarterly UPAC meetings during design & bidding phases. Attendance at quarterly in-person meetings (2 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A, X1A, & 1B. 2.0 6.0 $1,600 d Prepare 1A status reports and other handout materials, as requested by City staff, for City Council hearings. 2.0 1.0 $555 e Assist staff with negotiations with SDG&E and other utility agencies - complete. $0 f Draft and distribute meeting minutes for SDGE and utility meetings and site visits - complete. $0 Subtotal City and Agency Coordination 0.0 8.0 0.0 22.0 0.0 5.0 0.0 $0 $6,842 2 District 1A Design
a Surveying & Mapping - complete. $0
b Concept Revisions/ Coordination 60.0 $10,800
c Design Coordination for Public ROW 12.0 $2,160
* Develop design and construction schedules. Update design schedule periodically. 2.0 $390 * Easement coordination; Right of Entry Permits; includes meetings with homeowners as necessary to obtain 7 executed easements 14.0 $2,730
d Design Coordination for Private lateral extensions 16.0 $2,880 * Review Homeowner provided information; includes meetings with property owners regarding coordination of service laterals location and installation 8.0 30.0 $7,290 e 50% Civil Design - complete. $0
f 100% Civil Design: Allowance for Plats & Legals for Retaining Wall Easements $4,500 $4,500 g Improvement Plan Processing $0
h Allowance for other design support services, as requested - see contingency. 12.0 $2,160 i Filing and document management. $0
Subtotal District Design 0.0 0.0 108.0 46.0 0.0 0.0 0.0 $4,500 $32,910 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff to finalize City policy - complete. $0 b Draft, in coordination with CDM, Right of Entry request - complete. $0 c Draft, in coordination with CDM, homeowner notification letters regarding laterals and easements - complete. $0 d Assist City in responding to resident questions submitted via website - included below. $0 11/28/2023
City of Del Mar Undergrounding Program - Task Order #02b - District 1A Stratford Ct. Remaining to Complete Task Order #02b - District 1A Stratford Ct. Remaining to Complete Task Order #02b includes additional services highlighted below from September 2022 through completion of construction for District 1A assuming total of 26 months for design starting July 2021, 3 months bidding, and 12 months construction. 19 December 4, 2023 Item 07
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #02b - District 1A Stratford Ct. Remaining to Complete e Finalize format of Customer-Based Tracking and Monitoring Database - complete. $0 f Populate database with property owner and resident contact information: Periodic repopulation of database with more current owner information from GIS and water billings have been required. 20.0 $1,900
g Regular updates to database with project status and homeowner communications. Includes 5 months of tracking and reports, assumed at approximately 1.5 hours per month Sr. PM and 12 hours per month Asst PM time. 8.0 60.0 20.0 $13,360 h Schedule, coordinate, and lead neighborhood meeting - complete. $0 i Draft, in coordination with CDM, district design and bidding status update letters to residents. Assumed sent out quarterly. 2.0 $390 j Provide technical content and status updates for use in periodic media outreach and website updates. 2.0 $390 k Draft, in coordination with CDM, hearing notification to residents for City Council decision on progressing into construction. 2.0 $390 l Filing and document management. 20.0 $1,900
Subtotal Resident Interface and Communications 0.0 0.0 0.0 14.0 0.0 60.0 60.0 $0 $18,330 4 Public Bidding Support
a Finalize front-end bid documents, bid items, and special terms and conditions. 12.0 4.0 $3,000 b Publish Notice Inviting Bids. 4.0 $780
c Contact potential bidders and distribute bid package. 8.0 $1,560 d Coordinate and manage Pre-Bid meeting. 6.0 $1,170
e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 20.0 12.0 $5,880
f Coordinate and manage Bid Opening meeting. 4.0 $780
g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. 12.0 16.0 $4,980 Subtotal Public Bidding Support 0.0 0.0 0.0 66.0 0.0 32.0 0.0 $0 $18,150 Total Hours During Design & Bidding 0.0 8.0 108.0 148.0 0.0 97.0 60.0 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost During Design & Bidding $0 $1,720 $19,440 $28,867 $0 $16,005 $5,700 $4,500 Subtotal Estimated Cost for Remaining Design & Bidding
Contingency
Minus 1A Task Order Balance Remaining. KCM Balance = $1839. Fuscoe Balance = $14,649.25 Total Estimated Cost for Task Order #02b - District 1A Stratford Ct. Additional Services Exclusions
Attendance at Meetings/Hearings not Specifically Included Direct Mail will be a Reimbursable Expense Notifications to property owners regarding consequences of refusing to underground GIS Support and GIS Exhibits Participation in enforcement actions on homeowners refusing to underground City Resident Engineer Inspections Management of private lateral undergrounding excluded – assumes coordination only Communications Subconsultant Support - to be provided by City Consultant Social Media Development, Operations - Assume by City
Graphic Design will be a Reimbursable Expense
$71,178
$76,232
$11,435
($16,488)
20 December 4, 2023 Item 07

ATTACHMENT
C
21 December 4, 2023 Item 07
Stratford Ct.
06/15/2021
Utility Undergrounding District 1A (UUD 1A) - Stratford Court South

ATTACHMENT D
Pacific Ln. 611
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615 639 703 0
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1206 1224 1220 147
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217 1047 1035219225234 220 1023 1005215931919903 910 944 231233 227 221223 240 236 232 222 Stratford Ct.

Stratford Ct.

Penny Ln.
4th Street
6th Street
7th Street
Camino del Mar
8th Street
Shippley Ln.
9th Street
12th Street
10th Street
201 390 423 427 230 232 234 411 419 220224 415 226 228 210 212214 216 218 404
402
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424 510526 516 425 5171/2 501-517 519 710 531 541 543 159 533 157
151 149
135 132
127
117 118
126
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132
150
158 155
553
551 601
Sherry Ln.
603
Sea Orbit Ln.

Little Orphan Alley
Stratford Ct.

Melanie Wy.
905
LEGEND Description
District Limits
Trench Work Beyond District Limits 11th Street
0 222 142
151
1050
1012
940
151
143
146
921
133
153
820 750
131
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158
120
133
143
522
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108
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128
1/2
117
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526
B,C,D,E 244 10231/2 227

DEL MAR
CITY HALL 1050 0
129
D-G
www.delmar.ca.us/up
22 December 4, 2023 Item 07
KCM Group
1940 Garnet Ave, Ste 300, San Diego, CA 92109
Tel: 858 273 5400 | Fax: 858 273 5455
www.kcmgroup.net
Item Description Quantity Units Unit Cost Total Cost
1 MOBILIZATION/DEMOBILIZATION 1 LS 20,000.00 20,000
2 TRAFFIC CONTROL PLANS, INSTALL AND MAINTAIN TRAFFIC
CONTROL 1 LS 65,000.00 65,000
3 CONSTRUCTION STAGING 1 LS 15,000.00 15,000
4 STORM WATER POLLUTION PREVENTION AND EROSION
CONTROL BMP’S 1 LS 20,000.00 20,000
5 POTHOLING 335 EA 400.00 134,000
6 CONSTRUCTION SURVEY AND SURVEY MONUMENT
PRESERVATION 1 LS 30,000.00 30,000
7 TORREY PINE TREE PROTECTION FENCING AND SIGNAGE 15 EA 500.00 7,500 8 CLEARING AND GRUBBING AND DEMOLITION OF CONCRETE

AND ASPHALT (INCLUDES SAW CUTTING, PROTECTION OF

EXISTING TO REMAIN AND HAUL AWAY TO LEGAL DISPOSAL
SITE)
1 LS 150,000.00 150,000
9 REMOVE, SALVAGE, AND REINSTALL PARKING SIGN 1 LS 350.00 350 10 EXCAVATE TO LOCATE AND INTERCEPT EXISTING CONDUITS
(INCLUDING BACKFILL, COMPACTION, AND SPOIL DISPOSAL) 48 EA 500.00 24,000 11 JOINT TRENCH EXCAVATION (INCLUDING HAND DIGGING

WHEN WITHIN TORREY PINE TREE CRITICAL ROOT ZONE,

BACKFILL, COMPACTION, AND SPOIL DISPOSAL)
11,165 LF 33.50 374,061
12 INSTALL DB 2” CONDUIT 340 LF 11.00 3,740
13 INSTALL DB 3” CONDUIT 10,240 LF 12.00 122,880
14 INSTALL DB 4” CONDUIT 10,765 LF 13.00 139,945
15 INSTALL 3309 HANDHOLES 2 EA 1,212.00 2,424
16 INSTALL 3312 HANDHOLES 1 EA 3,840.00 3,840
17 INSTALL 3313 HANDHOLES 16 EA 4,644.00 74,304
18 INSTALL 3314 HANDHOLES 1 EA 6,392.00 6,392
19 INSTALL 3315 HANDHOLES 7 EA 6,500.00 45,500
20 INSTALL 3316 HANDHOLES 1 EA 6,600.00 6,600
21 CONSTRUCT 3421 TRANSFORMER PADS 19 EA 2,465.00 46,835 22 CONSTRUCT 3416 TERMINATOR PADS 1 EA 2,480.00 2,480
23 CONSTRUCT 3 PHASE FUSE CABINET PADS 2 EA 3,500.00 7,000 24 INSTALL 2” AT&T CONDUIT 3,962 LF 5.00 19,810
25 INSTALL 4” AT&T TYPE C RIGID CONDUIT 12,948 LF 13.46 174,215 26 INSTALL 2' x 3' AT&T HANDHOLE 17 EA 931.16 15,830
27 INSTALL 2' x 3' x 3' AT&T HANDHOLE TRAFFIC RATED 19 EA 2,778.10 52,784 28 INSTALL 30" x 48" AT&T HANDHOLE 2 EA 3,000.00 6,000
29 INSTALL 30" x 48" AT&T HANDHOLE TRAFFIC RATED WITH 2- ROD TGB 5 EA 3,250.00 16,250
30 INSTALL 30" x 48" AT&T HANDHOLE TRAFFIC RATED WITH 3- ROD TGB 3 EA 3,500.00 10,500
November 28, 2023

OPINION OF PROBABLE COST
City of Del Mar
Stratford Court South 1A Conversion
Prepared for: City of Del Mar

GENERAL

DEMOLITION

DRY UTILITY
23 December 4, 2023 Item 07
Item Description Quantity Units Unit Cost Total Cost
31 INSTALL 3' x 5' x 4' AT&T HANDHOLE 1 EA 4,250.00 4,250 32 INSTALL 3' x 5' AT&T HANDHOLE WITH 2-ROD TGB 1 EA 4,500.00 4,500 33 EXCAVATE 4' x 4' x 4' PIT TO LOCATE AND INTERCEPT

EXISTING CONDUITS (INCLUDING BACKFILL, COMPACTION,

AND SPOIL DISPOSAL)
72 EA 500.00 36,000
34 INSTALL 1” CHARTER CONDUIT 1,614 LF 5.00 8,070
35 INSTALL 2” CHARTER CONDUIT 22,205 LF 7.00 155,435
36 INSTALL 3” CHARTER CONDUIT 5,586 LF 10.00 55,860
37 INSTALL CHARTER 9" X 20" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 4 EA 318.00 1,272
38 INSTALL CHARTER 12" X 12" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 16 EA 500.00 8,000
39 INSTALL CHARTER 14" X 20" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 14 EA 700.00 9,800
40 INSTALL CHARTER 2' X 3' VAULTS (EXCLUDES MATERIAL
FURNISHED BY OTHERS) 3 EA 800.00 2,400
41 INSTALL CHARTER 2' X 3' TRAFFIC RATED VAULTS
(EXCLUDES MATERIAL FURNISHED BY OTHERS) 11 EA 800.00 8,800 42 INSTALL 17"X30" CHARTER VAULTS (EXCLUDES MATERIAL
FURNISHED BY OTHERS) 11 LS 715.00 7,865
43 INSTALL 10” CIRCULAR CHARTER PULLBOXES (EXCLUDES
MATERIAL FURNISHED BY OTHERS) 1 LS 1,000.00 1,000
44 INSTALL 1-1/4” CROWN CASTLE CONDUIT 11,970 LF 5.00 59,850 45 INSTALL 2” CROWN CASTLE CONDUIT 3,990 LF 7.00 27,930 46 INSTALL 2' x 3' CROWN CASTLE PULL BOX 7 EA 931.16 6,518 47 STONE VENEER RETAINING WALLS (INCLUDING BACK CUT,

FOOTING EXCAVATION, FOOTING, CMU BLOCK, REBAR,

WATERPROOFING, BACKFILL, FINISH SURFACE, SPOIL

DISPOSAL, CAP, AND ANTI-GRAFFITI COATING)
1,145 SF 82.50 94,463
48 TRENCH RESURFACING PER SDRSD G-24A AND G-24B 27,235 SF 18.90 514,742 49 REROUTE PRIVATE STORM DRAIN PIPE (STRATFORD STA
4+78.87) 1 LS 3,000.00 3,000
50 6” CONCRETE CURB & GUTTER PER SDRSD G-02, WITH
ASHALT OVERLAY TO MATCH EXISTING 130 LF 45.00 5,850
51 REPLACE IN KIND CONCRETE DRIVEWAYS
(9 LOCATIONS) 885 SF 16.00 14,160
52 REPLACE IN KIND CONCRETE SIDEWALK PER SDRSD G-07 2,325 SF 10.75 24,994 53 REMOVE & REPLACE PEDESTRIAN RAMP INCLUDING

REMOBILIZATION AFTER POLE REMOVAL (STRATFORD STA
7+63.55)
1 EA 12,000.00 12,000
54 RESTRIPING: REPAIR OF PAINT STRIPING (INCLUDES

RESTRIPING TO MATCH ADJACENT STREET MARKINGS, STOP

SIGNS, CROSSWALKS, LIMIT LINES)
1 LS 25,000.00 25,000
55 DEMOLITION: WOOD RETAINING WALL (INCLUDES

PROTECTION OF EXISTING TO REMAIN AND HAUL AWAY TO

LEGAL DISPOSAL SITE)
65 LF 8.00 520
56 GRADING FOR AREA APPURTENANCES AT PENNY LANE 1 LS 15,000.00 15,000 57 8” CONCRETE CURB PER SDRSD G-1, WITH ASPHALT PATCH
TO MATCH EXISTING 65 LF 47.00 3,055
58 CONCRETE RIBBON GUTTER (INCLUDES SAWCUTTING, AC

PAVING REMOVAL, PROTECTION OF EXISTING TO REMAIN

AND HAUL AWAY TO LEGAL DISPOSAL SITE)
330 SF 18.00 5,940
59 2" GRIND AND OVERLAY 545 SF 4.00 2,180

SURFACE IMPROVEMENTS - PENNY LANE

SURFACE IMPROVEMENTS - GENERAL
24 December 4, 2023 Item 07
Item Description Quantity Units Unit Cost Total Cost
60 STORM DRAIN HEADWALL AT PENNY LANE PER SDRSD D-32,
TYPE B 1 EA 7,500.00 7,500
61 24”x24” INFILTRATION CATCH BASIN AT PENNY LANE 1 EA 11,500.00 11,500 62 IRRIGATION REPAIRS, AS NECESSARY AND IMMEDIATELY
FOLLOWING REMOVAL OR DAMAGE 1 LS 15,000.00 15,000
63 HYDROSEED MIX APPLICATION IN ALL DISTURBED
LANDSCAPE AREAS 3,770 SF 1.60 6,032
64 BOLLARDS, PER _SDG&E____ 15 EA 1,118.00 16,770
2,772,496
277,250
3,049,746
Item Description Quantity Units Unit Cost Total Cost
BID SCHEDULE “B” (ALTERNATE NO. 1)

1.1 1.5" AC OVERLAY WITH 6' WIDE EDGE GRIND, INCLUDING
RAISE MANHOLE COVER & VALVES TO GRADE: 48,267 SF
(FROM APROX. STA 2+90 TO STA 16+95)
48,267 SF 4.00 193,068

1.2 FULL DEPTH AC PAVING REMOVAL AND REPLACEMENT TO
4" DEPTH WITH BASE COMPACTION WITHIN 1.5" OVERLAY
AND EDGE GRIND AREA: 4,827 SF (FROM APROX. STA 2+90 TO
STA 16+95) AS DIRECTED BY THE CITY.
4,827 SF 4.75 22,928

1.3 CREDIT FOR GRIND AND OVERLAY PORTION OF TRENCH
RESURFACING BASE BID ITEM WITHIN 1.5" OVERLAY AND
EDGE GRIND AREA (FROM APROX. STA 2+90 TO STA 16+95)
5,735 SF (4.00) -22,940

1.4 REMOVE AND REPLACE CROSS-GUTTER PER SDRSD
G-13 (FROM APPROX. 16+95 TO STA 17+05) 424 SF 31.00 13,144 206,200
BID SCHEDULE “C” (ALTERNATE NO. 2)

2.1 3" AC GRIND AND OVERLAY: 5,773 SF (FROM APPROX. STA 1+25 TO STA 2+90) 5,773 SF 5.00 28,865

2.2 FULL DEPTH AC PAVING REMOVAL AND REPLACEMENT TO
4" DEPTH WITH BASE COMPACTION WITHIN 3" GRIND AND
OVERLAY AREA: 577 SF (FROM APPROX. STA 1+25 TO STA
2+90) AS DIRECTED BY THE CITY.
577 SF 3.50 2,020

2.3 CREDIT FOR GRIND AND OVERLAY PORTION OF TRENCH

RESURFACING BASE BID ITEM WITHIN AC PAVING GRIND
AND OVERLAY 3”: 5,773 SF (FROM APPROX. STA 1+25 TO STA
2+90)
750 SF (5.00) -3,750
27,135
BID SCHEDULE “D” (ALTERNATE NO. 3)

3.1 AC PAVING GRIND AND OVERLAY 3”: 27,059 SF (FROM STA 21+88.00 TO STA 27+20.00, FROM STA 28+00.00 TO STA 28+80.00 AND FROM STA 29+85.00 TO STA 33+90.00)
27,059 SF 5.00 135,295

3.2 FULL DEPTH AC PAVING REMOVAL AND REPLACEMENT TO
4" DEPTH WITH BASE COMPACTION WITHIN 3" GRIND AND
OVERLAY AREA: 2,706 SF (FROM STA 21+88.00 TO STA
27+20.00, FROM STA 28+00.00 TO STA 28+80.00 AND FROM STA 29+85.00 TO STA 33+90.00) AS DIRECTED BY THE CITY.
2,706 SF 3.50 9,471
Subtotal Alternate Bid Schedule "B"
Subtotal Base Bid Schedule "A"

LANDSCAPING & SITE DRAINAGE
Subtotal Alternate Bid Schedule "C"
Total Base Bid Schedule "A"

CONTINGENCY
25 December 4, 2023 Item 07
Item Description Quantity Units Unit Cost Total Cost

3.3 CREDIT FOR GRIND AND OVERLAY PORTION OF TRENCH

RESURFACING BASE BID ITEM WITHIN AC PAVING GRIND
AND OVERLAY 3”: 27,059 SF (FROM STA 21+88.00 TO STA
27+20.00, FROM STA 28+00.00 TO STA 28+80.00 AND FROM STA 29+85.00 TO STA 33+90.00) AREAS
4,095 SF (5.00) -20,475

3.4 REMOVE AND REPLACE CROSS-GUTTERS PER SDRSD
G-12, (2 LOCATIONS: 50+00.00 AND 31+15.00) 640 SF 31.00 19,840

3.5 REMOVE SPEED BUMP AND REPLACE WITH SPEED CUSHION
PER PLAN DETAIL (STA 32+50.00) 1 LS 2,500.00 2,500
146,631
BID SCHEDULE “E” (ALTERNATE NO. 4)

4.1 ASHALT EMULSION: 21,836 SF (FROM STA 1+85.00 TO STA 21+85.00) 21,836 SF 0.50 10,918
10,918
3,909
394,793
Disclaimer:

All estimates and budgets prepared by Consultant are expressions of opinion of probable costs and should not be construed as a promise or guarantee of actual costs. As such, costs may vary from estimates.

Subtotal Alternate Bid Schedule "D"

CONTINGENCY
Total Alternate Bid Schedules "B", "C", "D" & "E"
Subtotal Alternate Bid Schedule "E"
26 December 4, 2023 Item 07
UUD 1A Estimated Total Project Costs (02-7000-7202) 11/28/23 Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
CIP Budget
Update
7-6-23
Pre-Bid
Budget
12-4-23
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $543,900 $604,270 $647,877

1. City and Agency Coordination (Change Order 10-16-23) $27,100 $54,170 $43,370

2. District 1A Design (Change Order 10-16-23) $423,010 $456,310 $505,352

3. Resident Interface and Project Status Tracking $56,160 $56,160 $68,925

4. Public Bidding Support $37,630 $37,630 $30,230
City Arborist Review $5,000 $5,000 $3,525
Environmental Review; City to complete in-house TBD $0 $0 GIS Services As-Needed $2,000 $2,000 $0
Communications Consultant Services $5,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $555,900 $616,270 $656,402 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
Estimated based on UUD Tewa. 7-12-21 estimated per LF of overhead. 7-6-23 & 12-4- 23 estimated per LF of trench.
$904,842 $959,175 $1,004,850
AT&T
7-6-21 estimated based on UUD Tewa. 7-6-23 & 12-4-23 updated based on UUD 1A specific including 15% contingency
$678,632 $180,000 $163,944
Spectrum/Charter $284,297 $0 $0
Crown Castle $0 $0 $0
Subtotal for Utility Company Costs $1,867,771 $1,139,175 $1,168,794 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 7-6-23 estimate based on UUD Tewa $344.40/LF of trench. 12-4-23 estimate based on engineer's estimate. $918,000 $3,146,108 $3,049,746
Utility Specialists Construction Management and Support (18-month construction) 7-12-21 for as needed for duration of construction. 7-6-23 & 12-4-23 for full-time for City construction and as-needed for remainder . $169,820 $423,740 $423,740 Storm Water Compliance Services
7-12-21 included as part of above line item. 7-6-23 & 12-4-23 seperated for City to complete SWPPP in-house
$22,080 $22,080
Additional Construction Management Services Contingency For any necessary professional services during construction not accounted for in the budget estimated at 20%-25% of construction management & support. $42,455 $33,964 $84,748
Subtotal for Construction Phase $1,130,275 $3,625,892 $3,580,314 Combined Estimated Total $3,553,946 $5,381,337 $5,405,510 27 December 4, 2023 Item 07
28 December 4, 2023 Item 07
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30 December 4, 2023 Item 07
AT&T
Sp
R/W

STRATFORD COURT
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SHEET 1 OF 4
6390 Greenwich Dr
San Diego, Ca 92122 fuscoe.com

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RETAINING WALL PLAN
STRATFORD CT ROW ADJACENT TO 639 STRATFORD CT
DISTRICT 1A CONVERSION IMPROVEMENT PLAN
GENERAL NOTES:

EARTHWORK QUANTITIES:

CONSTRUCTION NOTES:
31 December 4, 2023 Item 07
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RETAINING WALL PLAN
STRATFORD CT ROW ADJACENT TO 639 STRATFORD CT
DISTRICT 1A CONVERSION IMPROVEMENT PLAN

SECTION A

NOT TO SCALE
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RETAINING WALL PLAN
STRATFORD CT ROW ADJACENT TO 639 STRATFORD CT
DISTRICT 1A CONVERSION IMPROVEMENT PLAN
WALL MATERIAL: STONE VENEER - MOUNTAIN LION SPECTRUM 2'X3' HANDHOLE AT&T 2'X3' HANDHOLE SPECTRUM PEDESTAL 24" HIGH

SDG&E TRANSFORMER
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SHEET 4 OF 4
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San Diego, Ca 92122 fuscoe.com

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WALL LOCATION
34 December 4, 2023 Item 07
AT&T
R/W

STRATFORD COURT
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SHEET 1 OF 4
6390 Greenwich Dr
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GENERAL NOTES:

EARTHWORK QUANTITIES:

CONSTRUCTION NOTES:
35 December 4, 2023 Item 07
SHEET 2 OF 4
6390 Greenwich Dr
San Diego, Ca 92122 fuscoe.com

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SECTION B

NOT TO SCALE
36 December 4, 2023 Item 07
SHEET 3 OF 4
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WALL MATERIAL: STONE VENEER - MOUNTAIN LION
AT&T 2'X3' HANDHOLE

SDG&E TRANSFORMER
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SHEET 4 OF 4
6390 Greenwich Dr
San Diego, Ca 92122 fuscoe.com

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38 December 4, 2023 Item 07
R/W

STRATFORD COURT
C
SHEET 1 OF 4
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San Diego, Ca 92122 fuscoe.com

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CONSTRUCTION NOTES:
39 December 4, 2023 Item 07
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San Diego, Ca 92122 fuscoe.com

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SECTION C

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40 December 4, 2023 Item 07
SHEET 3 OF 4
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WALL MATERIAL: STONE VENEER - MOUNTAIN LION

TYPICAL SPECTRUM/CROWN CASTLE HANDHOLE

SDG&E HANDHOLE
41 December 4, 2023 Item 07
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42 December 4, 2023 Item 07
Spectrum
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43 December 4, 2023 Item 07
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SECTION D

NOT TO SCALE
44 December 4, 2023 Item 07
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WALL MATERIAL: STONE VENEER - MOUNTAIN LION

AT&T HANDHOLE

SDG&E HANDHOLE

SDG&E TRANSFORMER

TYPICAL SPECTRUM/CROWN CASTLE HANDHOLE
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46 December 4, 2023 Item 07
Sp AT&T
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DISTRICT 1A CONVERSION IMPROVEMENT PLAN
GENERAL NOTES:

EARTHWORK QUANTITIES:

CONSTRUCTION NOTES:
47 December 4, 2023 Item 07
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SECTION E

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48 December 4, 2023 Item 07
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WALL MATERIAL: STONE VENEER - MOUNTAIN LION

SDG&E TERMINATOR

SDG&E TRANSFORMER

SPECTRUM/CROWN CASTLE TYPICAL HANDHOLE
AT&T 2'X3' HANDHOLE SPECTRUM/CROWN CASTLE STRUCTURE 24" HIGH 49 December 4, 2023 Item 07
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50 December 4, 2023 Item 07
City of Del Mar Utility Undergrounding
Tree Protection Project
SUBMITTED TO:

Joe Bride
Deputy Public Works Director
City of Del Mar
PREPARED BY:

Gene Bordson
ISA Board Certified Master Arborist
ISA Certified Tree Worker (Climber)
ISA Qualified Tree Risk Assessor
# WE-10777BT
DPR Applicator License# 140768
TCIA Plant Health Care Technician

AUGUST 12, 2021
51 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 1 TABLE OF CONTENTS
BACKGROUND AND ASSIGNMENT .........................................................................................................................2 OBSERVATIONS......................................................................................................................................................3 DISCUSSION...........................................................................................................................................................3 GENERAL MANAGEMENT RECOMMENDATIONS....................................................................................................4 APPENDIX A – PHOTOS .....................................................................................................................................5-12 APPENDIX B – TREE PROTECTION PLAN .......................................................................................................... 13-15 ASSUMPTIONS AND LIMITING CONDITIONS ........................................................................................................ 17 BIBLIOGRAPHY..................................................................................................................................................... 19 GLOSSARY............................................................................................................................................................ 20 52 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 2 BACKGROUND AND ASSIGNMENT
In June of 2021, West Coast Arborists, Inc. (WCA) was contacted by the City of Del Mar regarding a tree protection zone (TPZ) report for a utility undergrounding project. The scope of the work was identified as such: Tree Protection Zone Report for protected tree species (Torrey Pines and Monterey Cypress). Identify the location of all protected and unprotected city trees within the project street right-of-way construction zone. Identify the location of protected and unprotected private property trees within the project street right-of-way construction zone.

Provide a general recommendation of trench offset distance from priority tree trunks to minimize damage to tree roots during trench excavation operations, based on best management practices (BMPs) guidelines. Shown below are the two areas WCA was asked to include in this report. 53 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 3 OBSERVATIONS
ISA Certified Arborist for WCA (Michael Young) visually inspected trees within the specified areas between 08/04/2021 and 08/11/2021 documenting the location and approximate trunk diameters of protected species (Torrey pine and Monterey cypress) likely to be impacted. All other data was derived from WCA’s existing tree inventory database for the City of Del Mar.

Based on the data collection and the ISA’s best management practices, there were 532 trees identified as being at risk of experiencing notable impacts to their health and stability as a direct result of the proposed utility undergrounding project. Of these 532 trees, 169 trees were protected species and 270 trees were identified as being on private property.

DISCUSSION
Below is a list of topics and discussions relating to the preservation of the subject trees. For diagrams relating to the tree protection plan, refer to photos in Appendix A & B.

Root Biology & Root Pruning – The vast majority of tree roots grow growing laterally near the top 18 inches of soil and can grow outward distances of 2-3 times the radius of the crown or more. This means that the proposed trenching is very likely to result in root pruning/damages. Root pruning is an injurious practice that can significantly damage trees and affect their structural strength and health. For these reasons, it is not recommended to perform root pruning any more than absolutely necessary around the tree. Linear root pruning cuts on one side of a tree will likely reduce stability when the cut is made at a distance from the trunk that is less than three times the trunk diameter1.

Construction Work – Because trees are unique living organisms, the impacts of the construction work could vary drastically and take five years or more to show any symptoms.

Some construction activities that can damage or kill trees include root cutting/tearing during trenching, adding fill soil over roots, altering water drainage patterns, soil compaction, mechanical injuries from equipment, heat damage from exhaust, and chemical damage from contamination/ runoff onto the trees or soil. Conscious efforts should be made to mitigate these damages.

Tree Protection Zone (TPZ) - It is important to establish a TPZ around trees during construction to protect the tree’s roots and surrounding soils from damages. WCA recommends installing a 4-6-foot-tall stable fence at or beyond the tree’s drip line or a radius from the trunk of 1 foot per DSH inch to keep equipment, tools, soil, etc. out of the TPZ (refer to Appendix B).

This TPZ should be clearly marked with signs stating that the area within is a TPZ and no one is allowed to disturb it. Irrigation should be provided within the entire TPZ throughout construction to maintain adequate soil moisture levels. Root pruning or any soil disturbances performed within the TPZ areas should be done under the supervision and at the direction of a certified arborist.
1 This statement is not meant to “ok” linear root pruning cuts at or beyond three times a tree’s trunk diameter. 54 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 4 Equipment Mitigation Strategies – In order to reduce soil compaction and tearing/ crushing of roots, driving equipment near trees (in TPZ if hardscapes are removed) should always be avoided when possible. Driving over soil with excessive turning or when soil is wet can be especially damaging. If it is necessary for specific tasks, it is recommended to add a 4-inch layer of mulch with ¾” plywood on top of any softscaping.

GENERAL MANAGEMENT RECOMMENDATIONS
Considering the likely health and stability impacts on private and publicly owned adjacent trees, WCA has the following general management recommendations to consider2:

1. If logistically and fiscally reasonable, horizontal directional drilling (HDD) would likely be the best choice to mitigate impacts to tree health. Conduit for utilities should be installed to a minimum depth of 3-4 feet below grade to reduce the likelihood of severing structurally important roots (see Appendix C for examples). Entry and exit points for boring as well as materials/equipment should be placed outside of any tree canopy driplines throughout the construction process.

2. Move the proposed utility location as far away from trees as possible and install/manage a modified tree protection zone on the tree side of the trenching (see page 4 for details). In order to reduce tearing of roots, it is recommended to use a root pruner such as DOSKO or Vermeer to outline the trenches prior to excavation (at least 18 inches deep). Exposed roots with diameters larger than 1 inch should have final pruning cuts with sharp clean tools after the trenching if substandard injuries are encountered. If roots are to be uncovered for longer than 5 hours, they should be covered with mulch, soil, or moist burlap to help prevent desiccation and sun scald injuries. If the designated trenching location falls within the designated critical root zone (CRZ) of the tree (six times trunk diameter away from the trunk) then the trench should be carefully excavated with an airspade or hand tools to expose the tree roots. An ISA certified arborist should be present to perform or direct this excavation to determine if root pruning without significant impacts on tree health and stability is even possible. If possible, then the project arborist(s) should perform or direct this root pruning. If root pruning is not possible within these guidelines, then removal and replacement of the tree should be considered on a case-by-case basis.
2 Due to the numerous variables and conditions that may be encountered, these general guidelines can be modified at the discretion of the project arborist(s) as is seen fit. 55 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 5 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #1 Stratford Court South Protected Tree Map
The image above shows the 36 protected tree sites identified in the Stratford court area with their associated trunk diameter in inches. The general tree protection zone for these trees should be to the edge of each tree’s dripline or one foot radius away from the trunk for every inch trunk diameter (whichever is further). A general critical root zone for each tree has been determined to be a radius of 6 times the trunk diameter away from the trunk. 56 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 6 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #2 Stratford Court South Protected Tree Chart
Rows marked with green indicate trees noted as being on private property. 57 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 7 APPENDIX A – PHOTOS
Photo #3 Stratford Court South Protected Tree Chart
58 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 8 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #4 Crest Canyon Protected Tree Map
The image above shows the 133 protected tree sites identified in the Crest Canyon area with their associated trunk diameter in inches. The general tree protection zone for these trees should be to the edge of each tree’s dripline or one foot radius away from the trunk for every inch trunk diameter (whichever is further). A general critical root zone for each tree has been determined to be a radius of 6 times the trunk diameter away from the trunk. 59 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 9 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #5 Crest Canyon Protected Tree Chart
Rows marked with green indicate trees noted as being on private property. 60 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 10 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #6 Crest Canyon Protected Tree Chart
61 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 11 APPENDIX A – PHOTOS

APPENDIX A - PHOTOS
Photo #7 Crest Canyon Protected Tree Chart
62 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 12 APPENDIX A – PHOTOS
Photo #8 Crest Canyon Protected Tree Chart
63 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 13 APPENDIX A – PHOTOS
Photo #9 Crest Canyon Protected Tree Chart
64 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 14 APPENDIX B – TREE PROTECTION PLAN

APPENDIX A - PHOTOS
Directional boring, also referred to as horizontal directional drilling (HDD), is a minimal impact trenchless method of installing underground utilities such as pipe, conduit, or cables in a relatively shallow arc or radius along a prescribed underground path using a surfacelaunched drilling rig. Directional Boring/HDD offers significant environmental advantages over traditional cut and cover pipeline/utility installations. The technique is routinely used when conventional trenching or excavating is not practical or when minimal surface disturbance is required.

Example of Horizontal Directional Drilling
65 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 15 APPENDIX B – TREE PROTECTION PLAN

APPENDIX A - PHOTOS
• Shown above is an example of an enclosed tree protection zone (TPZ) from the ISA Best Management Practices: Managing Trees During Construction publication. 66 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 16 APPENDIX B – TREE PROTECTION PLAN

APPENDIX A - PHOTOS
• Shown above is an example of tree protection zone fencing and signage. 67 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 17 ASSUMPTIONS AND LIMITING CONDITIONS

1. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the Consultant can neither guarantee nor be responsible for the accuracy of information provided by others. Standard of Care has been met with regards to this project within reasonable and normal conditions.

2. The Consultant will not be required to give testimony or to attend court by reason of this report unless subsequent contractual agreements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement.

3. Loss or alteration of any part of this report invalidates the entire report.

4. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior written consent of the Consultant.

5. This report and any values expressed herein represent the opinion of the Consultant, and the Consultant’s fee is in no way contingent upon the reporting of a stipulated result, a specified value, the occurrence of a subsequent event, nor upon any finding to be reported.

6. Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, or coring, unless otherwise stated. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree(s) or property in question may not arise in the future.

7. Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. It is highly recommended that you follow the arborist recommendations; however, you may choose to accept or disregard the recommendations and/or seek additional advice.

8. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.

Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specific period of time. 68 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 18 9. Any recommendation and/or performed treatments (including, but not limited to, pruning or removal) of trees may involve considerations beyond the scope of the arborist’s services, such as property boundaries, property ownership, site lines, disputes between neighbors, and any other related issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist can then be expected to consider and reasonably rely on the completeness and accuracy of the information provided.

10. The author has no personal interest or bias with respect to the subject matter of this report or the parties involved. He/she has inspected the subject tree(s) and to the best of their knowledge and belief, all statements and information presented in the report are true and correct.

11. Unless otherwise stated, trees were examined using the risk assessment criteria detailed by the International Society of Arboriculture’s publications Best Management Practices – Tree Risk Assessment and the Tree Risk Assessment Manual.
69 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 19 BIBLIOGRAPHY
Harris, Richard W., James R. Clark, and Nelda P. Matheny. Arboriculture: Integrated Management of Landscape Tree, Shrubs, and Vines. New Jersey: Prentice Hall, 2004. Print (ISA) International Society of Arboriculture. Web. March 15 2014.

Smiley, Thomas E., Nelda Matheny, and Sharon Lilly. Best Management Practices: Tree Risk Assessment. Illinois: International Society of Arboriculture, 2011. Print.

Kelby Fite, E. Thomas Smiley. Best Management Practices: Managing Trees During Construction. Illinois: International Society of Arboriculture, 2008. Print.

Edward F. Gilman, Brian Kempf, Nelda Matheny, Jim Clark. Structural Pruning, A Guide For The Green Industry: Urban Tree Foundation, 2013.

Christopher J Luley. Wood Decay Fungi Common to Urban Living Trees in the Northeast and Central United States: Urban Forestry LLC, 2005 Print
70 December 4, 2023 Item 07
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 20 GLOSSARY
Air Spade – A specialist excavation tool that uses compressed to remove and break up soil with minimal damage to roots and underground utilities. It can be used for a variety of reasons including the alleviation of compaction, soil improvement, root inspection and root location.

Best Management Practices (BMPs) – The International Society of Arboriculture has developed a series of Best Management Practices (BMPs) for the purpose of interpreting tree care standards and providing guidelines of practice for arborists, tree workers, and the people who employ their services.

Canopy – The part of the crown composed of leaves and small twigs (Harris, Clark, and Matheny 526).

Critical Root Zone (CRZ) – Area of soil around a tree trunk where roots are located that provide stability and uptake of water and minerals required for tree survival.

Crown – The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree (Harris, Clark, and Matheny 527).

Drip line – The area defined by the outermost circumference of a tree canopy where water drips from and on to the ground.
71 December 4, 2023 Item 07
UUDs 1A&X1A CITY CONSTRUCTION TIMING SUBCOMMITTEE

REPORT TO UPAC
November 14, 2023
1 72 December 4, 2023 Item 07
UPAC Subcommittee
Formed: February 16, 2023
Purpose: To evaluate and develop objective criteria and a recommendation for determining whether the City’s construction activities for UUDs 1A and X1A should be done sequentially, concurrently, or go-when-ready.

Members: Tom McGreal
Amy Cheshire
Shirli Weiss
2 73 December 4, 2023 Item 07
Scheduling Options for the
City Construction Phase for UUDs 1A&X1A:

1. Sequential: City construction activities for UUD 1A proceed before UUD X1A city construction is started.

2. Concurrent: City construction activities proceed at the same time for both UUDs 1A & X1A.

3. Go-When-Ready: City construction activities proceed for UUDs 1A & X1A when each is ready for that phase.
3 74 December 4, 2023 Item 07
Objective Criteria for Determining Best Approach
to Scheduling the City Construction Phase for UUDs 1A&X1A:

1. Comparative Projected Timeframes for Projects

2. Benefits and Risks of Proceeding (Economic and Non-Economic)

3. Feasibility: Staff Workload Management and Third Parties (Utilities, Telecom, Laterals)

4. Community Impacts: Views, Property Values, Traffic Delays and Fire Safety
4 75 December 4, 2023 Item 07
Statistics for Projects 1A and X1A
1A X1A
Linear Feet Overhead 7,650 11,200
Linear Feet Trench 9,135 14,363
Poles 56 77
Laterals 64 85
Properties 227 152
Residences 464 114
LF Trench / Residence 16.48 125.99
Cost* $5.36 million $8.05 million
Cost / LF Overhead $701 $719
Cost / LF Joint Trench $587 $560
*Costs are estimated for 1A & X1A, and final for Tewa. Final amount for 1A & X1A will be determined via City bid process. 76 December 4, 2023 Item 07
Undergrounding Timeline
1A 1A 1A X1A X1A X1A
Sequential Concurrent Go-WhenReadySequential Concurrent Go-WhenReady Civil Design
Completion
12/23 12/23 12/23 5/24 5/24 5/24
Start of City
Construction
3/24 8/24 3/24 10/24 8/24 8/24
End of City
Construction
10/24 3/25 10/24 9/25 7/25 7/25
Utility
Completion
3/25 8/25 3/25 4/26 2/26 2/26
*Schedule as of 10/30/2023. The schedule is not fixed and is liable to change contingent on many factors. 77 December 4, 2023 Item 07
Undergrounding Timeline
for City Construction
78 December 4, 2023 Item 07
Application of Objective Criterion No. 1 to City Construction Phase: Projected Timeframes
• Concurrent Schedule delays 1A by 5 months
• Sequential Schedule delays X1A by 2 months
• Go When Ready Schedule causes no delays
8 1A 1A 1A X1A X1A X1A
Sequential Concurrent Go-WhenReadySequential Concurrent Go-WhenReady Civil Design
Completion
12/23 12/23 12/23 5/24 5/24 5/24
Start of City
Construction
3/24 8/24 3/24 10/24 8/24 8/24
End of City
Construction
10/24 3/25 10/24 9/25 7/25 7/25
Utility
Completion
3/25 8/25 3/25 4/26 2/26 2/26
79 December 4, 2023 Item 07
Application of Objective Criterion No. 2 to City Construction Phase: Potential Benefits & Risks of Concurrent Scheduling Cost Savings:
• Concurrent bids for 1A & X1A create a very large scale project that could produce cost savings. At the same time, the large project size may also reduce number of qualified bidders, which could reduce competition and limit potential savings.
• The extent of possible savings is highly uncertain at this point. Actual construction costs will only be determined through the competitive public bidding process.
• Savings could also be realized if a successful bidder finds efficiencies in repeat business with Del Mar.
• Workarounds: With a concurrent schedule, a delay at one job site could translate into accelerated work at the other job site, assuming that resources can be transferred. A sequential or go-when-ready schedule with two contractors does not allow for transfer of resources.
• Risks to schedule: Issues or problems with a single contractor could impact both projects in a concurrent schedule. 9
80 December 4, 2023 Item 07
Application of Objective Criterion No. 3. to City Construction Phase:

Feasibility: Staff Workload Management and Third Parties (Utilities, Telecom, Laterals)
• Staff’s preference is to work with only one contractor at a time (concurrent or sequential).
• A go-when-ready approach requires oversight of two projects potentially with two contractors for the two-month period while project overlap occurs.

Ultimately the timeline benefit of proceeding on a go-when- ready basis is sufficiently beneficial to justify the additional staff work. • Both SDG&E and Telecom indicate but do not promise capacity to conduct two construction projects concurrently or go-when-ready.
10 81 December 4, 2023 Item 07
Application of Objective Criterion No. 4 to City Construction Phase: Community Impacts
• View/Property Value: With the concurrent schedule, 464 residences in UUD 1A will have the completion of their project DELAYED by 5 months and 114 residences in UUD X1A will have the completion of their project ACCELERATED by 2 months. So, the concurrent schedule will cause an estimated NET DELAY of (464 x 5) - (114 x 2) = 2320 - 228 = 2092 residence months. • Traffic: City Staff believes that the number of days that traffic will be impacted by construction in UUD 1A and UUD X1A will not be affected by the choice of a concurrent, sequential, or go-whenready schedule. • Fire Safety: There does not appear to be a significant fire safety benefit from choosing between the concurrent, sequential, or go-when-ready schedules because we will NOT avoid another fire season if we complete UUD X1A in February 2026 instead of April 2026. (Note: the projected schedule for earliest completion of X1A has already slipped from early 2025 to early 2026 since UUD X1A was formed on 12 Jul 2021. Additional delays could push completion of X1A into another fire season.)
11 82 December 4, 2023 Item 07
Recommendation
Staff and the Subcommittee recommend the City proceed with City Construction for UUDs 1A & X1A on a go-when-ready schedule. This schedule optimizes the timing for both projects, and there are limited expected drawbacks to proceeding based on the objective criteria. 12 83 December 4, 2023 Item 07
ID Task Name Start Finish 1 UUD 1A Mon 10/11/21 Mon 3/10/25 2 1A SDGE Prelim Design
Mon 10/11/21 Fri 4/7/23
3 1A Utility & Civil
Design
Fri 4/7/23 Mon 12/4/23
4 1A Bidding & Contracting Mon 11/13/23 Mon 3/11/24 5 1A Construction Tue 3/12/24 Mon 3/10/25 6 1A City ConstructionTue 3/12/24 Mon 10/14/24 7 1A Utility Construction
Tue 7/16/24 Mon 3/10/25
8 UUD X1A Mon 10/11/21 Tue 2/10/26 9 X1A SDGE Prelim
Design
Mon 10/11/21 Tue 6/27/23
10 X1A Utility & Civil
Design
Tue 6/27/23 Mon 5/6/24
11 X1A Bidding &
Contracting
Wed 4/3/24 Tue 8/13/24
12 X1A Construction Wed 8/14/24 Tue 2/10/26
13 X1A City ConstructionWed 8/14/24 Tue 7/15/25
14 X1A Utility
Construction
Wed 3/12/25 Tue 2/10/26
15 UUD 1B Mon 5/15/23 Mon 12/7/26
16 1B District
Formation
Mon 5/15/23 Mon 10/16/23
17 1B SDGE Prelim
Design (15 Months)
Mon 10/16/23 Mon 1/6/25
18 1B Utility & Civil
Design (9 Months)
Tue 1/7/25 Mon 10/20/25
19 1B Bidding &
Contracting (3
Months)
Tue 10/7/25 Tue 1/27/26
20 1B Construction (12
Months)
Wed 1/28/26 Mon 12/7/26
21 1B City ConstructionWed 1/28/26 Tue 7/7/26
22 1B Utility
Construction
Wed 6/10/26 Mon 12/7/26
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
2023 2024 2025 2026

84 December 4, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: December 4, 2023
SUBJECT: Re-Introduction of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce the revised Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter 30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) by Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).

BACKGROUND:

The ADU Implementation Ordinance was considered by the City Council on October 16, 2023, during a duly noticed public meeting. By vote of the Council, this action was continued to December 4, 2023, to allow for Council-requested revisions to be incorporated into the Ordinance to further align the Ordinance with the City’s Local Coastal Program, as required by State Housing law and the California Coastal Act.

An ADU is a small ancillary dwelling unit (detached or attached) with complete, independent living facilities (kitchen and bathroom) located on the same lot as a primary dwelling unit (existing or proposed). A Junior ADU (JrADU) is a smaller dwelling unit (500 square feet maximum in size) that is developed within the walls of an existing or proposed single dwelling unit, on a single dwelling unit lot, and that has a separate entrance, efficiency kitchen, and access to a bathroom.

Over the past decade, legislative trends at the State level related to housing and ADUs have continued to reduce local control and impose regulatory schemes that conflict with 1 December 4, 2023 Item 08
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local procedures that typically require discretionary review, public participation, and public hearings. The ADU laws do not preempt the California Coastal Act, which at the local level is implemented by the Local Coastal Program (“LCP”). Because coastal cities are uniquely situated, implementation of some elements of ADU law is complex because the California Coastal Act resource protection and coastal access requirements must not be compromised by ADU development.

Coastal jurisdictions must comply with both the California Government Code ADU laws while at the same time meeting the mandates of the California Coastal Act, which is achieved by harmonizing the two State statutes. However, when there is a direct conflict between the resource protection elements of the Coastal Act and State housing laws the courts have consistently maintained that coastal resource protections are superior to that of housing laws. This principle is acknowledged in ADU law by the recognition that nothing in ADU law “shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976.” (Cal. Gov. Code Sec. 65852.2(l)).

Moreover, each time State ADU Law is significantly changed, the City’s ADU Ordinance may be rendered null and void. This is currently the case as the City must adopt a new Ordinance/LCPA to repeal the City’s now outdated ADU regulations and replace them with updated regulations that comply with State law. This enables the City in certain circumstances to demonstrate compliance with the Coastal Act and internal consistency within the City’s certified LCP. In the interim, the City must continue to process submitted ADU and JrADU permit applications through a ministerial (staff level) non-discretionary process in accordance with California Government Code Sections 65852.2 and 65852.22 and the Coastal Act.

Following is a summary of prior actions related to ADUs:
• In October 2017, in response to earlier State law changes, the City Council adopted the codified DMMC Chapter 30.91 ADU regulations, which were subsequently certified by the California Coastal Commission (CCC) and became effective on February 8, 2018. At the time, the City’s Ordinance complied with State law.
• Additional State ADU law changes were passed in 2018 and 2019 resulting in significant changes to the allowable number of ADUs, height, size, and parking, which rendered the City’s existing ADU Ordinance null and void as of January 1, 2020.
• On June 1, 2020, the City adopted a new ADU Ordinance/LCPA consistent with State ADU law and processed the Ordinance/LCPA via the Coastal Commission. 2 December 4, 2023 Item 08
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• On October 4, 2021, the City Council received a status update on the ADU LCPA in process with the Coastal Commission at the time. The City Council acknowledged the City and CCC have similar goals for certification of an ADU ordinance that is consistent with State ADU law and the Coastal Act and that protects public safety, access, and coastal resources. CCC staff requested multiple revisions to the ADU LCPA. However, due to Coastal Act time limits on LCPA processing, the City was unable to obtain a continuance on the item to timely address CCC’s requested revisions. Therefore, on October 6, 2021, the City’s 2020 ADU LCPA was withdrawn per City Council direction to allow time for the City to process a new ADU Ordinance/LCPA.
• Since that time, the City has conducted a multi-year process to update the ADU Ordinance/LCPA involving coordination with the CCC, California Department of Housing and Community Development (HCD), and conducting additional outreach efforts to solicit public input for incorporation into the Ordinance to ensure greater consistency with the City’s certified LCP, Community Plan, and Zoning Ordinance.

Staff has also researched multiple ADU ordinance examples from other jurisdictions as well as reviewed available HCD comment letters submitted for review. The HCD ADU comment letters provide insight into how the agency applies the Government Code in the various topic areas. • On January 1, 2023, a new set of ADU-related housing laws took effect imposing new increases in allowable ADU structure height and structure massing, and parking reductions mandated by the Government Code, which required the City to further modify its draft Ordinance/LCPA to include implementing code language that harmonizes these requirements with the Coastal Act. • On July 11, 2023, the Planning Commission discussed the proposed draft ADU Ordinance as part of a public workshop, whereby members of the public expressed significant concerns with how ADUs are being misused. In sum, several public comments indicated that ADUs were not being built for their intended purpose but were rather being used for recreational rooms, office use, and to gain better private views of the coastline. Several of the Commissioners expressed a desire to require ADU units to be affordable, and identified concerns in the following areas:
➢ Whether the City must process a local ADU ordinance and whether the City must comply with the mandatory ADU provisions of the Government Code Sections 65852.2 and 65852.22. The Planning Commission acknowledged the City Council provided direction for the ADU ordinance/LCPA and associated Housing Element Programs to be processed to maintain compliance with State Housing law; and expressed a preference for the City to continue to advocate for amendments to State law.
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➢ Maximum size requirements and a desire to maintain the existing smallscale development pattern in local neighborhoods and character of Del Mar; ➢ Maximum height of ADUs, including attached ADUs;
➢ Required setbacks, including setbacks for protection of coastal bluffs; ➢ Accommodation of attached ADUs on lots with two dwelling units in R2/RM zones;
➢ Parking regulations for ADUs and JrADUs;
➢ Compliance with Scenic View Protection Standards;
➢ Compliance with High Fire Hazard Severity Area requirements for public safety similar to Senate Bill (SB) 9;
➢ Compliance with Protected Tree Requirements; and
➢ Compliance with Housing Element Programs including Program 2A Incentives, Program 2B Amnesty Program, and Program 2F Tiny Homes implementation details.
• On September 12, 2023, the Planning Commission heard additional public testimony about how the ADU process was being misused to enhance private coastal views, built for office space, or constructed for recreational use. Following the testimony, the Planning Commission recommended approval of the ADU Ordinance to the City Council by a vote of 3-2 including the following modifications:
1) Require all ADUs to be used for dwelling unit purposes and subject to deedrestriction; and 2) In R1 zones, prioritize ADUs at the first story level before a second story ADU if buildable area is available on the first story level of the lot. • On October 16, 2023, the City Council held a duly noticed public hearing and continued the item for staff to revise the Ordinance to:
o Add a Notice of Application requirement for ADU applications. o Incorporate additional citywide objective standards to address parking in areas of high wildfire risk, grading/landform alteration, and other objective standards consistent with those adopted as part of the Senate Bill 9 Ordinance/LCPA.
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o Strengthen the administrative record in the Ordinance’s whereas statements and findings.

It was determined that the topic areas for these modifications had been sufficiently discussed in prior public meetings of the Planning Commission and therefore did not require an additional recommendation hearing of the Planning Commission. The record shows there has been extensive public outreach to encourage public participation and review of the proposed ADU Ordinance/LCPA including:
• Articles posted on the City’s website, including multiple announcements in the City’s weekly updates (distributed via email to all who subscribe). • Announcements and/or discussion at public meetings including the August, September, and October 2023 Design Review Board meetings, July, September, and October Planning Commission meetings, and July 24, September 5 and 18, October 2 and 16, and November 13, 2023, City Council meetings. • On August 25, 2023, posting and publishing of the Notice of Availability and Notice of Planning Commission public hearing in the Del Mar Times and at City Hall and on City web page, and mailing of individual notices to all interested parties who participated before, during, and after the July 11, 2023, workshop. • On September 18, 2023, posting and publishing of the Notice of City Council public hearing in the Daily Transcript and at City Hall and on City web page and mailing of individual notices to all interested parties who participated through the Planning Commission hearing on September 12, 2023.
• On October 2, 2023, as a courtesy when the City Council item was continued from the October 2 agenda to October 16, 2023, a new set of City Council public hearing notices were posted and published in the San Diego Union Tribune and mailed to the interested persons list, and additional announcements were posted on the website and emailed in weekly articles.
• On November 16, 2023, posting and publishing of the Notice of City Council public hearing in the Del Mar Times and at City Hall and on City web page and mailing of individual notices to all interested parties who participated through the City Council hearing on October 16, 2023.

DISCUSSION/ANALYSIS:

To ensure compliance with State ADU law, the proposed Ordinance directly follows the requirements found in Government Code Sections 65852.2 and 65852.22. However, 5 December 4, 2023 Item 08
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because State ADU law specifically recognizes the importance of the California Coastal Act and that it is not superseded or lessened by ADU law, the City’s ADU regulations reflect the mandates prescribed in its certified LCP. As proposed, the Ordinance amends the City’s certified LCP to ensure that protection of coastal resources and coastal access is not compromised by ADU development. Consistent with ADU law and the Coastal Act, significant changes have been incorporated into the Ordinance in response to feedback received from the Planning Commission and members of the public, and direction provided by the City Council.

The proposed Ordinance (Attachment A) includes 52 whereas statements (previously 32) and 24 findings (previously 21) and identifies the text modified since the October 16, 2023, City Council hearing. These changes are noted in red font. (See Attachment B for a strikeout-underline copy.) Additionally, staff prepared Attachment C, which provides a summary of the topic areas, relevant code section numbers, and additional details related to additions to the proposed Ordinance. Attachment D provides summary matrices with a comparative analysis of the types of ADUs and parameters applicable by zone type and residential unit type. Finally, a copy of the prior DMMC/LCP Chapter 30.91 that will be repealed and replaced is provided as Attachment E.

The main differences between the prior certified LCP and proposed Ordinance include:
• A new purpose statement was added to ADU Regulations Section 30.91.010. • In Section 30.91.020, the zones where ADUs are permitted are generally consistent with the prior LCP, clarify that ADUs are allowed in any zones that allow residential or mixed use, and adds a tiny homes provision. • The process for approval in Section 30.91.030 includes various changes including:
o Added four additional submittal requirements to show protected trees on the site plan, identify partial demolition and full demolition details, require a geotechnical report on the Coastal Bluff Overlay Zone, and require a FEMA flood elevation certificate in the floodplain.
o Incorporated modifications to meet State law changes related to lot size, setbacks, unit design (i.e., kitchen requirements).
o Replaced the prior “courtesy notice” with a required Notice of Application for the Coastal Development Permit (CDP).
o Modified CDP requirement in accordance with CCC guidance. o Modified Land Conservation Permit requirement per CCC and HCD guidance. o Removed the provision for “no Variances” per HCD guidance. o Added clarification of Building Construction Permit requirement in High Fire Hazard Severity Zones.
• In Section 30.91.040, added new ADU regulations that include the following:
o Modified various requirements to meet current State ADU law (i.e., number of ADUs allowed, circumstances where ADUs are allowed, ADU size/design parameters the City must accommodate, and occupancy requirements). 6 December 4, 2023 Item 08
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o Added historic resource protection provisions.
o Added new objective design standards.
o Modified parking and various resource protection requirements (i.e., public scenic view protections) for consistency with Coastal Act and LCP. o Modified annual reporting from a “shall” requirement to a “request”. • In Section 30.91.050, modified various JrADU requirements to meet current State law (i.e., allowance in proposed construction and kitchen/electrical requirements). • Added Section 30.91.060 multi-unit regulations, Section 30.91.070 Incentive Program, 30.91.080 Amnesty Program, and Section 30.91.090 Severability.

Following is a description of how the main topics of interest apply to the revised Ordinance:

ADUs Must be Used as Dwelling Unit per the Applicable Zone and Deed Restriction:

To reflect the clear legislative intent of State ADU law, the Ordinance includes provisions requiring ADUs to be used for dwelling unit purposes and subject to a deed-restriction.

The Legislature specifically declared that ADUs are a valuable form of housing and an essential component of California’s housing supply. (Cal. Gov. Code Sec. 65852.150 (a)(1)(8)). The recommended deed restriction is not intended to be an unreasonable restriction on ADU development, but rather for furthering the goals of ADU legislation.

During the ADU Ordinance public hearing process, numerous speakers indicated concerns that ADUs are being used for ancillary purposes other than for housing and that some homeowners have used the ministerial ADU process to build office, recreational, or entertainment spaces. Many residents expressed concern that ADU law is being misused by some homeowners as means to secure better views of the ocean through the ministerial permit process applicable to ADU development instead of following the City’s typical discretionary permit process applicable to coastal development. To ensure that ADUs are being built for their intended residential purpose and in keeping with the foundational legislative findings, the Ordinance will require a simple deed restriction compelling the applicant to use ADUs for dwelling purposes.

The Government Code mandates that ADUs be allowed in any zone that allows residential use. The City’s Zoning Code specifies when dwelling units and accessory dwelling units are an allowed use in respective zones and includes definitions of dwelling unit and ADU. DMMC Section 30.04.040(J) defines “dwelling unit” as one or more rooms in a building or portion thereof designed with a kitchen and living, sleeping, and eating areas that are used and occupied by one or more persons living together with common access to and common use of all areas within the unit. DMMC Section 30.04.010(C) defines the term “Accessory Dwelling Unit” as an additional smaller attached or detached dwelling unit that is located on the same property as a Primary Dwelling Unit and that is designed with separate living, sleeping, eating, cooking, and sanitation 7 December 4, 2023 Item 08
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amenities and that is used or intended to be used as complete independent living facilities for use by one or more persons. Government Code Section 65852.2(j) clarifies that the provisions for living, sleeping, eating, cooking, and sanitation are to be permanent; and Section 65852.2(e)(5) specifies that rental of an ADU shall be for a term longer than 30 days.

The Ordinance requires property owners with an ADU and/or JrADU to record a deed restriction to make it clear to successors in interest how many dwelling units exist on the property, limits on occupancy and sale of the units, limit the size of ADUs and JrADUs as approved per the applicable permit, and clarify that ADUs and JrADUs must be used as a dwelling unit for residential use with provisions for living, sleeping, eating, cooking, and sanitation, that ADUs and JrADUs shall not be rented for periods of less than 30 days, and removes the prior allowance for ADUs to have interior access to the primary unit. See ADU Ordinance Sections 30.91.030(I) and 30.91.040(D) and (J).

In terms of owner occupancy requirements, property owners with JrADUs are required to reside in either the primary unit or in the JrADU. This owner occupancy requirement also applies to properties developed with an ADU and JrADU. One change incorporated into the proposed Ordinance to help distinguish the ADU living space from the primary unit is removal of a provision in Section 30.91.0409(I)(3) that previously accommodated interior access between an attached ADU and the primary dwelling unit.

The City is generally prohibited from requiring owners to disclose information related to who is living in the ADU. Where units are income-restricted, the City requires owners to demonstrate compliance with such restrictions through annual reporting. To further address City Council concerns, Ordinance Section 30.91.040(V) was revised to request that owners for non-income restricted ADUs also provide information annually to facilitate understanding of whether these units are occupied but not rented, unoccupied, or being rented to qualifying above-moderate, moderate, or lower income households.

Notice of ADU Application, Application Processing, Notice of Approval, Appeal Rights, and Expiration Time Limits: As required by State law, proposed ADUs are required to process an ADU permit application through a ministerial review process only, which is a staff level review process. In accordance with City’s LCP notice provisions for Coastal Development Permits, a Notice of Application will be required to be posted at the project site informing the public of the filing of an application and that plans are available for review at City Hall. It is important to note that per State law, ADU applications must be administratively processed by the Planning Department and no public hearings or local appeal rights are provided as part of the process.

The City is preempted by State law from performing any discretionary review of ADU permit applications. If a submitted ADU application complies with the regulations and 8 December 4, 2023 Item 08
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required Administrative Coastal Development Permit (Admin CDP) requirements and can be supported by findings of approval, then the City must issue the CDP permit, without a public hearing. Issuance of the Admin CDP approval allows the owner to finalize processing of the associated Building Permit, which is a necessary ministerial permit approval prior to construction. There are no additional permit processing steps that may be added for applications that meet the objective standards required for approval. For example, any proposed demolition of a portion of the existing home or demolition of the garage, carport or other accessory structure would be addressed as part of the Admin CDP and building permit review process.

When an Admin CDP permit is approved, a Notice of Admin CDP Approval is posted at City Hall and on the City’s website. It is also mailed within five days of final action to the Executive Director of the Coastal Commission, to any interested parties who requested notice in writing, and to all owners within 300 feet of the property and all resident occupants of property within 100 feet of the property. The local approval is only appealable to the Coastal Commission if the property is located along the shoreline within the CDP Permit Appeals boundary reflected in the certified LCP. If the application qualifies as appealable development, it may be appealed to the Coastal Commission within ten working days of approval.

The final Admin CDP permit approval is valid for two years and authorizes the applicant to submit for Building Permit review and approval, which is a ministerial permit review process. Building Permits are also valid for two years consistent with the California Building Code and the City’s process. The expiration date for the ADU permit that precedes the Building Permit is a proposed requirement in Ordinance Section

30.91.030(F) to ensure that housing-related applications are expeditiously processed and comply with current housing law. The expiration dates do not apply once an ADU is approved for occupancy by the Building Division. These standard time limitations encourage owners to follow through to obtain the associated Building Permits which additionally allows the constructed ADUs to be counted towards the City’s Regional Housing Needs Assessment (RHNA) allocation requirement for the applicable housing cycle.

Number of ADUs/JrADUs Allowed Per Lot: Single dwelling unit (R1) lots with a single dwelling unit are allowed one ADU and one JrADU, consistent with the Government Code.

On R1 lots, if the one permitted ADU is attached to the primary residence, then a JrADU is not permitted. On RM/R2 lots with an existing duplex (attached or unattached), each primary unit is permitted one ADU. The proposed Ordinance allows the ADU to be attached or detached, to provide flexibility for siting on the lot, equity amongst the two property owners on condominium lots, and compliance with the certified LCP. This provision is a carryover from the previously adopted ADU Ordinance (2020), as recommended by the Planning Commission. Lots with existing multi-unit development 9 December 4, 2023 Item 08
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(three units or more) would be allowed two detached ADUs and additional ADUs through conversion of non-habitable existing space within the multi-unit building (up to 25% of existing units) consistent with the Government Code.

Size Parameters: In accordance with Government Code Section 65852.22, JrADUs are limited to a maximum size of 500 square feet. Consistent with Government Code Section 65852.2, the proposed Ordinance specifies the size of detached and attached ADUs cannot exceed 850 square feet if one bedroom and 1,000 square feet if two or more bedrooms. Attached ADUs have an additional size limitation not to exceed 50 percent of the habitable space of the primary unit, regardless of bedroom count.

These Government Code size limits are applicable based on the specific lot context and together impose whichever size is lower, including a requirement to accommodate an ADU size of at least 800 square feet per Government Code Sections 65852.2 (a)(1)(D)(iv) and (c). Clarification was added to the proposed Ordinance to specify the total floor area of an attached ADU shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet. To comply with the Coastal Act and certified LCP, the Ordinance provides for further modification (size and site placement) as required to protect coastal access, coastal resources, and ensure public safety.

The Ordinance clarifies that the Floor Area Ratio (FAR) and lot coverage standards are development controls that apply to proposed ADUs that exceed 800 square feet in size.

The Government Code explicitly states that local agencies may not prohibit an 800 square foot ADU based on FAR or lot coverage standards. State law does not prohibit jurisdictions from applying these standards to ADUs that exceed 800 square feet in size.

The Ordinance clarifies that any additional square footage of ADUs proposed beyond 800 square feet would be subject to the maximum FAR and lot coverage standards per the applicable zone.

The Ordinance also clarifies that the square footage of a space within a primary unit that is converted to a JrADU is subject to FAR and lot coverage standards per the zone, when proposed for relocation to expand the primary unit. Previously, there was an expectation from some applicants and property owners that if a JrADU was developed, they would be able to relocate that square footage elsewhere in the dwelling unit or on the property, exempt from FAR, essentially providing a square foot bonus. Similarly, there is no ability to assert FAR credits/exemptions if an ADU is converted. The Government Code mandates are specific to proposed ADUs and JrADUs. The requirements for accommodation of ADUs and JrADUs do not extend to, and are not applicable to, other proposed development on the lot; and do not provide for any type of FAR bonus or credit to be awarded to the lot. Section 30.91.040(G)(8) clarifies that any square footage converted from an ADU use to become part of the primary dwelling unit, separate 10 December 4, 2023 Item 08
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accessory structure, or another use is subject to FAR and lot coverage standards per applicable zoning.

Height: The maximum height for ADUs is specified in Ordinance Section 30.91.040(K) and varies based on zone location and type of ADU proposed (i.e., detached or attached).

The lowest maximum height limit is 14 feet, which applies to proposed ADUs in the Bluff, Slope, and Canyon Overlay Zone consistent with the City’s certified LCP. This exception is directly related to the protection of coastal resources and preservation of public views to the coastline.

Detached ADUs are limited to a maximum height of 16 feet, consistent with the Government Code. At this time, Del Mar does not have any major transit stops; therefore, the Government Code allowance of 18 feet for detached ADUs located within one halfmile walking distance of a major transit stop is not currently applicable.

Attached ADUs are those that share a common wall horizontally with the primary residence. The Government Code requires the City to accommodate attached ADUs in single dwelling unit (R1) zones up to a maximum height of 25 feet or the height of the base zone, whichever is lower. The proposed Ordinance clarifies that the maximum height for an attached ADU at the first story level is 16 feet, which is consistent with the maximum height of a detached ADU.

For consistency with the certified LCP, Section 30.91.040(K)(3) requires that attached ADUs in R1 zones shall be proposed at the first story level if buildable area is available on the first story level of the lot; and may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP.

Government Code Section 65852.2(e)(1)(D) requires local agencies to accommodate up to two detached ADUs on multi-unit lots and does not provide for attached ADUs on multiunit lots. The proposed Ordinance would allow attached ADUs on duplex lots in the High Density Mixed Residential (R2) or Medium Density Residential (RM) zones as a local consideration to accommodate alternative siting options to minimize impacts whereby attached ADUs would be limited to attachment at the first story level with a maximum height of 16 feet. Consistent with the Government Code, the more dense multi-unit lots with three or more units do not allow attached ADUs, unless approved as part of the ADU Incentive Program.

The maximum height limits described are all applicable based on the specific lot context and together impose whichever maximum height is lower, including a requirement to accommodate an ADU size of at least 800 square feet per Government Code Section 11 December 4, 2023 Item 08
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65852.2(c). To comply with the Coastal Act and certified LCP, the Ordinance provides for further modification (ADU size and site placement) as needed to protect coastal access, coastal resources, and public safety.

Setbacks and Siting Design: The proposed Ordinance accommodates the required 4- foot side and rear setbacks in compliance with State ADU law. The Government Code states that a local agency may maintain front setbacks, as required by zoning. In the City of Del Mar, front setbacks along a street would include front yard setbacks and street side yard setbacks. For clarification, the proposed Ordinance would require that all street fronting setbacks (front and street side setbacks) be maintained per zoning standards, unless otherwise necessary to accommodate placement of an 800 square-foot ADU. This clarification for maintaining street fronting setbacks addresses prior feedback from the public and Council related to ADU siting adjacent to street frontage.

The proposed Ordinance retains the requirement for proposed ADUs to comply with all applicable Overlay zone setbacks and development standards required in the Coastal Zone in order to protect coastal resources and coastal access as required by the California Coastal Act and implemented by the City’s certified LCP. These protective policies and regulations apply to all residential development throughout the City and are consistent with the California Coastal Act. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the Coastal Act, which provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal. Pub. Res. Code Section 30240). The City’s LCP Overlay Zones ensure that environmentally sensitive habitat areas are protected against any significant disruption from housing development.

This includes the Coastal Bluff Overlay, Bluff, Slope, and Canyon Overlay, Beach Overlay, Floodplain Overlay, and mapped High Fire Hazard Severity Areas identified by CalFire in the Wildland Urban Interface (WUI). The setbacks required in the Overlay zones and WUI will generally be greater than the minimum 4-foot side/rear setbacks identified above and would result in ADU siting that complies with the Government Code and the City’s certified LCP. See Attachment C for code sections related to this topic area, which is relevant to multiple subtopics in the summary table including building restricted locations, setbacks and sensitive resource protection, and specific overlay zones relating to protection of coastal resources and minimization of hazards for public safety.

Minimization of Grading, Excavation and Landform Alteration: Ordinance Section

30.91.040(W) includes objective standards applicable citywide to minimize grading and excavation and protect fragile steep slopes that are protected coastal resources. ADU development shall not create significant alterations to landforms, which is a class of development per the Coastal Act that requires discretionary approval because it involves a risk of significant adverse environmental effects. Any grading outside of the ADU 12 December 4, 2023 Item 08
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structure footprint is subject to the requirements for a Land Conservation Permit per DMMC Chapter 23.33 as applicable. Applicants must demonstrate the proposed ADU development complies with the objective standards applicable to proposed landform alteration for all residential development, which include:
• ADU development is limited to a development pad with a slope no greater than 4 to 1 and shall not be located at the crest, ridgeline, or top of a hill, or project above the peak of the ridgeline.
• ADUs shall not encroach into a “substantially steep slope” which is defined as a slope gradient of 25% or greater and an elevation differential of at least 20 feet between the top and bottom of the slope area.
• Setbacks of at least 20 feet from the top edge and 10 feet from the bottom of substantially steep slopes are required.
• Limitation of grading quantities to 200 cubic yards of cut and fill quantities combined.

Minimization of Flood Risk and Disclosure of Projected Sea Level Rise: Within the City there are hundreds of residential lots and existing homes located in Federal Emergency Management Agency (FEMA) flood management zones. Ordinance Section

30.91.040(X) clarifies the standards for development on lots in special flood hazard areas that are identified on the FEMA Flood Insurance Rate Map (FIRM). The ADU requirements (i.e., siting, base flood elevation, flood proofing, and height calculation) are standards that will apply to proposed development based on the existing context of the specific lot. These standards apply uniformly citywide to proposed development in special flood hazard areas, including proposed ADU development. The proposed ADU Ordinance/LCPA is consistent with existing citywide requirements in the certified LCP that apply to proposed residential development to minimize flood damage and avoid flood hazards, including those from projected sea level rise and flooding over the anticipated lifetime of the structure using best available science, in consideration of applicable adaptation measures, including the system of shoreline protection in the Beach Overlay Zone per the Beach Preservation Initiative, and consistent with the certified LCP.

Minimization of Fire Risk: Within the City, there are areas of high wildfire risk in the Wildland Urban Interface (WUI) where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation. As a matter of public safety and welfare, the Ordinance includes standards that apply uniformly to all development within high fire hazard severity areas as standard public safety requirements to aid in the prevention of loss of life. ADUs are required to comply with the same building and safety requirements as the primary dwelling unit in accordance with the California Building Code 13 December 4, 2023 Item 08
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and California Fire Code. However, an automatic residential fire sprinkler system cannot be required for an ADU if the existing primary dwelling unit does not contain an automatic residential fire sprinkler system.

The Ordinance clarifies that applicants for proposed ADU development on lots within the Very High Fire Hazard Severity Zone are required to demonstrate that the site has at least two emergency evacuation routes or provide evidence of equivalent safety measure. This approach is consistent with the public safety and emergency response analysis of developable housing sites that was completed prior to adoption of the Housing Element and is similar to what the City Council adopted for implementation of SB 9 in very high fire hazard severity areas. In response to October 16, 2023, Council direction, a new provision was added to the Ordinance to ensure public safety and emergency response equipment access will be maintained on proposed ADU sites that are located on narrow roads. This provision has been incorporated into Ordinance Section 30.91.040(O)(2) and will ensure compliance with DMMC Section 10.04.070 (Fire Apparatus Access Roads).

The Ordinance clarifies that pursuant to the California Code of Regulations Section 13250 and Public Resources Code Section 30610(a), a proposed ADU or JrADU development shall not include improvements to expand or construct water wells, sewer, fire protection capacities, or septic systems because those types of improvements involve risk of adverse environmental effects and are a class of development that requires a discretionary Coastal Development Permit per the Coastal Act.

Parking Requirements: The parking regulations for ADUs are provided in Sections

30.91.040(N) and (O) and include provisions that are necessary for harmonizing the ADU Government Code with the public safety and coastal access protection provisions in the Coastal Act and the City’s certified LCP.

Section 30.91.040(N) requires that any parking spaces required for the primary dwelling unit must be replaced on-site if those existing parking spaces are proposed to be converted to an ADU or JrADU (such as conversion of a garage or carport). Given the City’s narrow streets, constrained street network configuration, and potential adverse impacts to the public’s right to coastal access, this citywide on-site parking requirement has been applied for consistency with the certified LCP.

The entire City is located in the coastal zone and because of its close proximity to the public beach and coastal parks, public access to the shoreline is facilitated by the availability of on-street public parking. All on-street parking in the City is limited. Use of on-street parking by ADUs or other development will impede public access to the shoreline. The State ADU law parking requirements conflict with the California Coastal Act, its coastal access policies, and the City’s certified LCP. Again, it is important to note that ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. 14 December 4, 2023 Item 08
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Gov. Code. Sec. 65852.2(l)). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)).

For consistency with Coastal Act policies and its regulations, Ordinance Section

30.91.040(O)(1) requires one on-site parking space for proposed ADUs on lots located within the Coastal Commission Appeals Jurisdiction and otherwise requires no additional parking for the proposed ADU consistent with the Government Code parking exemptions applicable to ADUs within one-half mile walking distance of public transit including a bus stop, train station, or paratransit service. The City’s proposed parking requirement is consistent with Santa Cruz County and other coastal jurisdictions that have Coastal Commission-approved ADU Ordinances. By comparison, consistent with the Government Code, the City is not able to require any additional parking spaces for proposed JrADUs (which are units located entirely within the walls of the primary dwelling unit), an ADU located within an existing primary unit, or an ADU located in an existing accessory building.

To address public health and safety, Ordinance Section 30.91.040(O)(2) requires an ADU proposed on a site with access from a street with an improved street width of 20 feet or less must provide one off-street parking space on-site for the ADU. This ensures compliance with DMMC Section 10.04.070, which specifies the minimum unobstructed improved access requirements for fire apparatus. On-street parking in areas of narrow streets can significantly impede emergency response personnel and equipment from entering the impacted area and significantly impede evacuations in an emergency.

Utility Connection Fees and Impact Fees: The Ordinance identifies that ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees or impact fees. State law provides for a new or separate utility connection fee to be required for an ADU that is not contained in an existing primary dwelling unit or existing accessory building. While ADU law provides for impact fees to be charged as a proportional share of the ADU’s impact costs for any ADUs that are greater than 750 square feet in size, the City currently does not have an impact fee ordinance in place that would provide for this type of requirement to be included within the ADU Ordinance.

Objective Design Standards: State ADU law allows the City to impose objective design standards so long as an 800 square foot ADU is allowed to be constructed. Per Council direction, the proposed standards were updated for consistency with those adopted as part of the Senate Bill 9 Ordinance/LCPA. The proposed ADU Ordinance includes the following objective standards that apply to proposed “by right” housing development:
• Walls and windows shall be placed to maximize privacy • ADU applications shall not include rooftop decks, including those accessed from a second story ADU
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• Design features not required per California Building Code for a dwelling unit shall require design review
• Fireplaces/chimneys, roof eaves, cantilevered overhangs, and other architectural projections cannot encroach into the required 4-foot side or rear setbacks • The architectural style of the ADU shall match the existing residence, to include roof pitch, exterior building materials, paint colors, and finishes • The foundation and underside of the ADU structure shall be fully screened with compatible materials and colors as the primary unit
• Outdoor speakers, televisions, or permanent electronic devices are prohibited • Exterior lights shall be downward directed and bulb shielded, shall not exceed 2700 Kelvin color temperature, and shall be certified Dark Sky Friendly • One exterior wall heating, ventilation, or air conditioning (HVAC) unit is permitted for the ADU per the Government Code; and the AC unit shall be ground mounted, must maintain the minimum 4-foot setback required for ADUs, be screened from the right-of-way and adjacent properties, and comply with DMMC Chapter 9.20 Noise Regulations
• Roof penetrations and roof-mounted equipment shall be located away from view from the right-of-way and all flashing, sheet metal, vents and pipe stacks shall be panted to match the adjacent roof or wall material
• Equipment such as backflow preventers shall be screened from public view if located in a street yard setback
• All ground mounted equipment shall be shielded to eliminate noise and shall be screened from view by adjacent properties
• Areas for trash containers shall be incorporated into the building design and located in a garage or fully screened from public view
• Fences and walls require processing in accordance with applicable DMMC standards and shall comply with DMMC Section 30.86.090
• Hardscape and line of sight requirements are specified applicable to the ADU driveway and prohibit circular driveways
• New construction shall retain native landscaping and vegetation where possible and shall comply with the citywide Tree Ordinance in DMMC Chapter 23.50 and Water Efficiency Landscape Ordinance in DMMC Chapter 23.60 • ADUs in high fire hazard severity zones shall comply with all applicable building code standards of that zone
Objective Standards for Protected Trees: Within the City, there are rare and scenic trees, including Torrey Pines and Monterrey Cypress trees, that are native to Del Mar and protected under DMMC Chapter 23.50 and the Coastal Act. The Ordinance requires the applicant provide a site development plan that identifies the location of protected trees and the associated tree canopy dripline protection zone to minimize the potential for 16 December 4, 2023 Item 08
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impacts to protected trees during construction. This standard applies uniformly to all proposed development in the City, including ADUs.

Public Scenic View Protection: The Ordinance includes provisions that further clarify the certified LCP policies and standards that apply to public scenic views. The Ordinance clarifies that private scenic view protections from new ADUs/JrADUs are not subject to the citywide Design Review Ordinance view protections. See Attachment C for additional details related to these added standards. This standard applies uniformly to proposed development, including ADUs.

Paramount to the protection of coastal resources is the protection of public scenic view corridors, and the Ordinance through siting design, setbacks, and application of Overlay Zones ensures that protection. Within the City, there are scenic view corridors to coastal resources that are protected under the Coastal Act. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance.

Coastal development shall be sited and designed to protect scenic views to and along the ocean and scenic coastal areas. (See: Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Like all residential development in the City, an ADU development may not obstruct the scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.

Tiny Homes Provisions: Tiny homes are a smaller type of ADU, 150 to 400 square feet in size. The Ordinance defines Tiny Homes and identifies they will be regulated as ADUs, must be designed for independent living with separate facilities for cooking, sleeping, and sanitation, and must be connected to utilities and installed on a permanent foundation.

This will meet the Housing Element Program 2F requirement.

Processing of ADU Ordinance per State Law: If the City Council introduces the ADU Ordinance, the second reading and adoption of the Ordinance will be scheduled for City Council action on December 18, 2023. In accordance with State ADU law Section 65852.2(h), within 60 days of City Council adoption (by February 16, 2024), the adopted ordinance must be submitted to HCD for review and comment. The ordinance will also be submitted to the Coastal Commission for certification review in accordance with the Coastal Act. As part of the required review processes by the State, the City will receive feedback from HCD and the Coastal Commission prior to the Ordinance becoming final and taking effect. The City will have no longer than 30 days to respond upon receipt of HCD’s written findings, which will involve City Council consideration of whether to either amend the Ordinance or re-adopt the Ordinance with no changes and will require City Council adoption of findings to explain how the Ordinance complies with ADU law in relation to the findings made by HCD. The Coastal Commission review and certification 17 December 4, 2023 Item 08
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process that is required for the final Ordinance to take effect will occur simultaneously and is expected to take up to 18 months to complete.

HOUSING IMPACT:

Housing law trends at the State level continue to impose regulations that limit local land use authority and require ministerial, non-discretionary processes that local jurisdictions must comply with. The proposed amendments will facilitate development of new ADU housing options and opportunities to Affirmatively Further Fair Housing (AFFH), consistent with the City’s certified Housing Element, the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements. The requested action is a necessary step in the process to implement various required housing actions consistent with adopted housing policies and programs including the Housing Element Program 2A (ADU Incentives), Program 2B (Amnesty Program), Program 2F (Provisions for Tiny Homes), and Program 5A (Strategies for Preservation of Existing Housing Stock through Accommodation of Non-Conforming Multi-Unit Development). Production of ADUs is a key component of the City’s adopted, balanced housing strategy for the certified 6th Cycle Housing Element
FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
• Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and • Statutory exemption per CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and this section shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code for the activities necessary for the preparation and adoption of an LCP amendment in compliance with the Coastal Act. The proposed actions include corollary amendments to the City’s Zoning Code, which is part of the certified City of Del Mar LCP as certified under Section 21080.5 of the Public Resources Code; and
• Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible 18 December 4, 2023 Item 08
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expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory Exemptions and Categorical Exemptions identified above, the proposed actions have been the subject of prior environmental analysis in the 6th Cycle Housing Element Update Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final 6th Cycle PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The proposed Ordinance is necessary to bring the City’s codified ADU regulations into compliance with State law and complete multiple ADU-related Council Priority special projects that are required by the Housing Element to be completed by December 2023.

ATTACHMENTS:

Attachment A – Ordinance to Amend the City’s ADU Regulations/Certified LCP Attachment B – Strikeout-Underline Copy of Ordinance
Attachment C – Summary of the Ordinance with Section References Attachment D – Matrices of ADUs by Zone
Attachment E – Prior DMMC/LCP Chapter 30.91 that will be repealed and replaced 19 December 4, 2023 Item 08

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, REPEALING AND REPLACING
THE DEL MAR MUNICIPAL CODE CHAPTER 30.91
ACCESSORY DWELLING UNIT (ADU) REGULATIONS;

AND AMENDING RELATED SECTIONS IN THE DEL MAR

MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
(LCP) ALL RELATING TO THE HARMONIZATION OF ADU

REGULATIONS IN THE CALIFORNIA GOVERNMENT
CODE SECTIONS 65852.2 AND 65852.22 WITH THE
CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED
LCP
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that Accessory Dwelling Units (ADUs) are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the State Legislature also declared that ADUs are an “essential component of California’s housing supply” and that ADUs provide additional rental housing; and
WHEREAS, when the State revises ADU law found in Government Code Section 65852.2, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law; and WHEREAS, proposed ADU projects must comply with the current ADU law, the California Coastal Act, and the remaining valid provisions in the City’s certified Local Coastal Program (LCP); and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar and has an overall goal to “preserve and enhance the special character of Del Mar”, this includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City has a certified Housing Element for the 6th Cycle years 2021- 2029 that has been incorporated into the City’s Community Plan as a standalone element; and
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WHEREAS, the certified Housing Element requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderateincome units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and
WHEREAS, production of ADUs is one strategy of a City Council-adopted multifaceted approach to meet the City’s affordable housing obligations in compliance with State law; and
WHEREAS, the City’s overall stated housing goal in the Housing Element continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and
WHEREAS, the City is still making has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and
WHEREAS, adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods; and
WHEREAS, ADUs are intended by the State Legislature to be used for dwelling purposes to provide for more housing stock in California and to create lower-cost housing opportunities, and during the public hearings concerning this Ordinance considerable public testimony and evidence was provided that homeowners have abused the ADU process by using ADUs as recreational rooms, office spaces, and to secure better private views of the ocean; and
WHEREAS, the California Department of Housing and Community Development (HCD) indicated in its May 31, 2023, Housing Element certification letter that the City must continue the timely and effective implementation of all Housing Element programs to maintain its status of having a certified Housing Element, and HCD has the authority to revoke the City’s Housing Element compliance if the City’s actions do not comply with State law or the Housing programs are not timely implemented; and WHEREAS, ADU law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application to ADU laws; (Cal. Gov. Code. Sec. 65852.2(l)); and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and 21 December 4, 2023 Item 08
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WHEREAS, the City of Del Mar has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and
WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws; and
WHEREAS, the standard of review for proposed ADU development in the City of Del Mar must be balanced against the mandates of the Coastal Act and stated as objective standards within the City’s certified Local Coastal Program to ensure protection of public scenic views, public access, coastal resources and public health and safety; and WHEREAS, within the City of Del Mar there are narrow roads located in the residential zones and during times of emergencies or public emergency evacuations significant public safety issues are likely to arise where additional on-street parking is added to these already constrained streets; and
WHEREAS, within the City of Del Mar there are a number of residential structures in high risk wildfire areas in the State’s identified Very High Fire Hazard Severity Zone that are served by narrow roads; and
WHEREAS, Del Mar Municipal Code (DMMC) Section 10.04.070 specifies required minimum unobstructed improved road widths to ensure fire apparatus access; and
WHEREAS, the City intends to update the Community Plan Safety Element to ensure that residents living in high-risk wildfire zones may safely evacuate in times of emergencies and that emergency response equipment will have adequate access to those areas; and
WHEREAS, while the Safety Element update is being prepared it is in the interest of public safety to ensure that any new development in high-risk areas has the ability to evacuate its residents in times of public emergencies; and WHEREAS, within the City there are sandstone bluffs and coastal bluffs that are fragile and are protected as environmental resources and potential coastal hazards in the City’s certified LCP; and
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WHEREAS, consistent with all residential development and the City’s certified LCP, proposed ADU development near sandstone bluffs and coastal bluffs requires specific regulation to ensure protection of the bluff and the bluff’s habitat values and protection of public safety; and
WHEREAS, this ADU Ordinance includes provisions necessary to protect sensitive coastal habitats, ensure public access, maintain public coastal view sheds, provide coastal parking requirements, and protect public safety in order to harmonize the State ADU regulations with the California Coastal Act and the City’s certified LCP; and WHEREAS, the City staff engaged in extensive public outreach to encourage public participation in formulating these draft ADU regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, multiple announcements made during public meetings including the Design Review Board and City Council meetings; and
WHEREAS, notice of the July 10, 2023, public workshop discussion related to ADUs was posted in the Del Mar Times on June 29, 2023; and WHEREAS, the Notice of Availability and notice of Planning Commission public hearing for the draft ADU Ordinance was posted in the Del Mar Times on August 25, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, during the September 12, 2023 public hearing, the Planning Commission recommended the City Council adopt the Ordinance with modifications to reflect concerns raised in submitted correspondence and during public testimony that many ADUs built in the City were built simply to add value to the primary residence, are not being used for housing purposes to add to the housing rental stock as the Legislature intended, and are instead being used for home offices, recreational rooms, vacation rentals, and other uses; and
WHEREAS, the Planning Commission recommended modifications to the City Council to be responsive to the public testimony and these modifications have been incorporated into the Ordinance; and
WHEREAS, on September 18, 2023, the notice of City Council public hearing was published in the Daily Transcript and mailed notices were sent to all interested parties who have participated through the Planning Commission hearing on September 12, 2023; and
WHEREAS, additional public notice was provided on October 2, 2023, in the San Diego Union-Tribune and mailed notices were sent to all interested parties with notification of the hearing continuance from October 2 to October 16, 2023, and again on November 16, 2023, with published notice in the Del Mar Times and mailed notices to all interested parties providing notification of the City Council hearing on December 4, 2023; and
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WHEREAS, on October 16, 2023, the City Council held a duly noticed public hearing, considered public testimony and written correspondence, and continued the item with direction for staff to revise the Ordinance to add a Notice of Application requirement for ADU applications and incorporate additional citywide objective standards to address parking in areas of high wildfire risk, grading/landform alteration, and other objective standards consistent with those adopted as part of the Senate Bill 9 Ordinance/LCPA; and
WHEREAS, the City’s certified 6th Cycle Housing Element includes six ADUrelated housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households; and
WHEREAS, this Ordinance implements Housing Element Program 2F (Tiny Homes) by incorporating a definition for tiny homes and allowing tiny homes through the same ministerial approval process as ADUs thereby facilitating development of small units ranging from 150 square feet to 400 square feet in size that if developed in the City is likely to provide more affordable housing options due to the smaller size of the unit type; and
WHEREAS, adoption of this Ordinance will facilitate implementation of an incentive program in accordance with Housing Element Program 2A (Incentives to create ADUs for low income households) by incorporating provisions into the certified LCP to authorize the granting of specific planning and zoning incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the incentive program, that limit the ADU use and occupancy based on restricted income limits and rental rates for a low-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, this Ordinance establishes an ADU Amnesty Program that will facilitate implementation of Housing Element Program 2B by incorporating provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable; and
WHEREAS, the ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper 24 December 4, 2023 Item 08
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permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare; and WHEREAS, the ADU Amnesty program is intended to encourage compliance with standard building codes and public safety requirements; and WHEREAS, the Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defect.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:

1. The foregoing Findings with the above stated Recitals are true and correct and are incorporated by reference into this action.

2. The City has received extensive written and oral public testimony attesting to the widespread misuse of ADUs. Such misuse is contrary to the legislative intent of ADU law.

3. The ADU Ordinance substantially complies with State ADU law, as provided in California Government Code Sections 65852.2 and 65852.22, as harmonized with the California Coastal Act and consistent with California Government Code Section 65852.2(l).

4. Within the City of Del Mar there are areas of high wildfire risk where homes are located on steep slopes and surrounded most of the year by dry and flammable vegetation. Some of these hillside areas also have narrow winding roads that serve as the only evacuation route for homes within these neighborhoods. The City is processing an update to the Safety Element in the Del Mar Community Plan to ensure that residents living in these high-risk wildfire zones may safely evacuate in times of public emergencies and that there is adequate access for emergency response personnel and equipment to reach those areas. To be responsive to these unique conditions, the City has recently prepared and approved an evacuation plan addressing these conditions, prepared appropriate mass evacuation emergency response approaches, and identified how to effectively respond to various types of emergency conditions. These combined conditions are unique to the City and there are limited options other than imposing parking requirements on all new developments where there are improved roads that are twenty feet or less in width, which will ensure compliance with DMMC Section

10.04.070. These provisions are also consistent with the public safety and welfare provisions of the California Coastal Act Chapter 3, Article 6, Section 30253(a). 25 December 4, 2023 Item 08
Ordinance No. XXXX

5. While the citywide Safety Element update is being prepared, the City finds that it is in the interest of public safety to ensure that any new development, including ADU development, located in high-risk areas have the ability to safely evacuate its residents in times of emergencies. Additionally, building structure separation is a critical component to ensure that fire personnel and their equipment can access structures during a fire. These building separations become even more critically important when emergency response is impeded by the City’s narrow streets, or where the structures are located in high risk fire hazard hillside communities.

5.6. Within the City there are hundreds of existing homes located within FEMA flood zones identified by FEMA. The flood conditionsflooding to in these areas, as identified by best available science, is are being exacerbated by climate change conditions and projected sea level rise (existing and projected). On a citywide basis, the City is addressing these flood conditions to minimize flood risk through adaptation mitigation measures. These measures are consistent with the adopted City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates October 2018). Currently, the City has an existing system of shoreline protection along the shoreline in the North Beach neighborhood, which has been maintained in accordance with the Beach Preservation Initiative and the Beach Overlay Zone policies and regulations in the City’s certified Local Coastal Program.

In addition, the City has a Sand Compatibility Opportunistic Use Program in place to facilitate sediment management and maintenance of a wide beach and is in process of preparing a conceptual plan for a living levee, vegetated berm system, to provide flood adaptation along the banks of the San Dieguito River in accordance with the City’s adopted Sea Level Rise Adaptation Plan and the Coastal Act. All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize flood damage and avoid flood hazards from the impacts of projected sea level rise and flooding over the anticipated lifetime of the structure in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(a) (Cal. Pub. Res. Code Section 30253(a)).

6.7. Within the City there are eroding bluffs and unstable, fragile slopes that may pose a danger to residents building in these blufftop areas that are vulnerable to erosion and instability. The City is addressing these specific risks by requiring geotechnical reports and setback requirements consistent with existing requirements applicable to all proposed residential development on lots with steep slopes or coastal bluffs required by the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub. Res. Code Section 30253(b)); as well as implementation of adaptation measures in accordance with the City of Del Mar Sea Level Rise Adaptation Plan. These setback and geotechnical protection requirements are required hazard controls in the City’s certified LCP that are intended to protect the public safety and welfare and apply to all new development.

All new development, including ADU development, must demonstrate how the proposed development will implement adaptation measures to minimize and avoid 26 December 4, 2023 Item 08
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erosion hazards from the impacts of projected sea level rise and bluff erosion over the anticipated lifetime of the structure in accordance with the City’s certified LCP and the California Coastal Act Chapter 3, Article 6, Section 30253(b) (Cal. Pub.

Res. Code Section 30253(b)).

7.8. Within the City there are significant sensitive coastal resources and environmentally sensitive habitat areas that are specifically protected under the California Coastal Act. ADU law specifically provides that coastal resource protections found in the California Coastal Act are not to be superseded or its effects lessened by the provisions of ADU law. Protection of these natural habitats and environmentally sensitive resources is a cornerstone of the Coastal Act found in the California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res.

Code Section 30240). Consistent with case law, the California Coastal Act, and the State’s housing policies and its implementing regulations, the City has made reasonable and good faith efforts to harmonize any conflicting regulations to ensure the protection of coastal resources and to ensure the protection of public safety and welfare while furthering the housing goals of the State. The City has reasonable relied on its certified LCP, public testimony, written evidence, and the City’s unique infrastructure and environmental conditions in harmonizing the State’s ADU laws with the Coastal Act and the City’s police powers in protecting the safety of its residents.

8. 9. Within the City there are public scenic view corridors to coastal resources that are protected under the California Coastal Act. Consistent with the Coastal Act, theseThe scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. (See: Cal. Pub. Res. Code Sec. 30251). ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Like As applied to all residential development in the City, an ADU development may not obstruct the public scenic and visual qualities of the City’s coastal areas. To be consistent with the mandates of the California Coastal Act, building restricted easements are enforced and certain height restrictions may be placed on ADU development to ensure protection of public scenic coastal vistas.

9. 10. Within the City there are rare and scenic trees that are native to Del Mar and protected under the California Coastal Act. On a case-by-case basis, the ADU location siting will be required to avoid impacts to these protected tree species and comply with DMMC Chapter 23.50. These coastal resource protections are consistent with Cal. Gov. Code. Sec. 65852.2(l) and these habitat value protective measures are consistent with California Coastal Act Chapter 3, Article 6, Section 30240 (Cal. Pub. Res. Code Section 30240).

10. Within the City there are environmentally sensitive habitat areas that are protected by the California Coastal Act.
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11. The City’s certified 6th Cycle Housing Element requires the creation of additional affordable housing stock.

12. The California Legislature made findings, declarations, and statements of intent in drafting the ADU laws. This includes a finding A paramount legislative finding states that ADUs “are an essential component to creating additional housing stock.” The City’s ADU ordinance is consistent with creating essential housing stock. During the public hearing process for this Ordinance numerous residents testified that a significant majority of ADUs have been constructed for uses other than to serve as dwelling units; with the most common practice being to remodel existing dwelling units to access new or enhanced private views of the ocean for the existing occupants as a means to avoid the City’s discretionary design review process that otherwise applies citywide. This Ordinance discourages the construction and use of ADU development for the enhancement of private ocean views, or use as home offices or recreational purposes. The intent of the City’s Ordinance is to ensure that ADUs are built for dwelling purposes and to curtail the misuse of ADU law.

13. The City has considered HCD and California Coastal Commission staff comments and such comments are incorporated herein.

14. The ADU Ordinance includes provisions to harmonize ADU state law with the California Coastal Act’s Chapter 3 protective provisions and the City’s, certified LCP., and This includes specific measures to protect the public safety from environmental and infrastructure conditions that are unique to the City. The City’s certified LCP has “Overlay Zones” as a means for implementing the hazard control policies in the LCP Land Use Plan in order to protect coastal resources, environmentally sensitive habitat areas, and high risk public endangerment areas.

These Overlay Zones apply citywide and now by this ordinance include including ADU development, including development within the Beach Overlay Zone, Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Floodplain Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and the Wildland Urban Interface (WUI) Fire Hazard Severity Areas. These protective policies and regulations apply to all residential development throughout the City and are consistent with the California Coastal Act. The Overlay Zones implement the natural resource protection elements of the City’s LCP as required by the California Coastal Act. The Coastal Act provides that environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (See: Cal.

Pb. Res. Code 30240). The City’s LCP Overlay Zones ensures that environmentally sensitive habitat areas are protected against any significant disruption from housing projects. ADU law recognizes that these fundamental Coastal Act protections are not superseded and ensures that its effects are not lessened by ADU development provisions that may conflict with the Coastal Act.

The standards for development and the coastal resource protections afforded by these Overlay Zones will equally apply to all residential development including ADU development projects.
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15. As required by the Coastal Act, the Ordinance includes provisions to ensure that the existing reservoir of public parking along the shoreline will be sufficient to maintain the public’s right to coastal access. Public access to the shoreline is facilitated by on-street public parking. However, Onon-street parking in the City is highly limited. Therefore, the City’s LCP policies, as certified by the California Coastal Commission, ensure that new residential development can self-park on its property. Use of on-street parking by ADUs or other development projects in coastal parking impact areas impedes public access to the shoreline. The parking standards under the Government Code ADU law are in conflict with existing California Coastal Act coastal access policies, as implemented by the City’s existing LCP. However, ADU law does not supersede or lessen the effect of the California Coastal Act. (Cal. Gov. Code. Sec. 65852.2(l). Public roads nearest to the sea are protected for public use to gain access to the shoreline. (See: 14 CCR Sec. 13011 and California Coastal Act Section 30212(a)). Therefore, the public’s right to park along public streets that are near the shoreline is preserved by implementation of this Ordinance. (See: Cal. Pub. Res. Code Sec. 30212(a)).

16. Within the City there are some roadways that are substandard in width. When onstreet parking is allowed in these areas without limitation, emergency response can be impacted if emergency response vehicles and equipment cannot safely respond to local incidents. Therefore, to ensure protection of public safety along these very narrow roadways, the Ordinance ensures safe access for emergency response vehicles and access to emergency response equipment. All new residential development located in these areas must ensure adequate off-street parking for its residents. These evaluations occur on a case-by-case basis.

17. As required by the Coastal Act, the Ordinance contains provisions to ensure protection of public coastal scenic views. Similar to other residential development within the Coastal Zone, this Ordinance limits ADU development where it would impact public scenic and visual corridors to the sea. Under the Coastal Act Chapter 3, Article 6, Section 30251 states the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. (See: cal. Pub. Res. Code Section 30251).

18. Within the City there are sandstone bluffs and coastal bluffs that are fragile, provide habitat value, and are protected in the City’s LCP as environmental resources and potential coastal hazards. ADU development near sandstone bluffs requires specific regulation, as similarly applied to all other residential development, to ensure protection of the bluff and the bluff’s habitat values and protection of public 29 December 4, 2023 Item 08
Ordinance No. XXXX

safety. These sandstone bluffs and coastal bluffs are highly susceptible to erosion and resulting collapse.
1819. The City’s certified 6th Cycle Housing Element includes six ADU-related housing programs (Programs 2A through 2F) to promote ADUs and create incentives to encourage the use of ADUs as a strategy to provide affordable housing for moderate income and lower income households and this Ordinance facilitates implementation of the ADU-related housing programs.

20. During the Planning Commission and City Council public hearings, considerable public testimony and written evidence was presented establishing that homeowners have abused the ADU process by building ADUs for the sole purpose of enhancing private views of the ocean and adding new home office and recreational rooms. These accessory structures and uses only benefit the primary dwelling unit and are in direct conflict with the legislative intent of ADU law to create additional dwelling units and a net-increase in California’s housing stock that can accommodate additional households and provide new housing choices including lower cost dwelling units. Based on substantial evidence in the record, the ministerial permit process provided by State ADU law has been misused by property owners in the City of Del Mar to build ADUs for the sole purpose and benefit of the primary dwelling unit without making new housing options available.

To ensure that ADUs comply with the State’s legislative intent, ADUs must be developed as new dwelling units and used for dwelling purposes.

19.21. The ADU Amnesty Program is being created because it is likely that there are existing ADUs in the City that were constructed without obtaining the proper permit approvals, that some of these unpermitted ADUs were built substandard, and as a result may pose a threat to public safety and welfare. The Amnesty Program reduces the amount of permit fees and in some cases penalties to those residents that voluntarily come forward within a specified time period to correct substandard construction of defects.

20.22. This Ordinance incorporates provisions into the certified LCP to authorize the granting of fee waivers and permit streamlining incentives subject to approval of an Administrative Coastal Development Permit and compliance with contractual requirements between the property owner and the City, required for the applicant to be eligible for participation in the respective program, that limit the ADU use and occupancy based on restricted income limits and rental rates for low-income households and moderate-income households as established annually by the State of California and require a long-term deed restriction to ensure that the ADU remains affordable.
2123. Where there are direct conflicts between ADU law and the California Coastal Act, the City has either harmonized the conflicts or ensured the protections afforded to coastal resources granted by the Coastal Act as further required by the California Government Code Sec. 65852.2(l).
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24. The City of Del Mar Local Coastal Program as certified by the California Coastal Commission is incorporated by reference and is used herein to harmonize the State’s ADU laws in manner so as not to supersede or lessen the effects of the California Coastal Act and its coastal resource protections.

NOW THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That DMMC Section 30.04.190 (“T” Words and Phrases Defined) be amended as follows:

A. through C. [No change to Tandem Parking Space through Temporary Enclosure] D. Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.

E. [Modify order of Trailer Coach through Trellis to be sections E. through H.] SECTION TWO: That DMMC Section 30.19.030 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:

30.19.030 Allowable Uses
The allowable uses in the RM-South Zone are:

A. In conformity with density area and other development standards required by the RM-South Zone, and use that is allowed in the RM-East, RM-West or RM-Central Zones.

B. A duplex with attached dwelling units, or with two unattached dwelling units where design constraints make attachment impractical.

C. Multiple dwelling units.

D. Boardinghouses and lodging houses.

E. Licensed rest homes.

F. Fraternity and sorority houses, except those where the chief activity is a service customarily carried on as a business.

G. A Small Community Care Facility on each building site. 31 December 4, 2023 Item 08
Ordinance No. XXXX

SECTION THREE: That DMMC Section 30.19.040 Medium Density Mixed ResidentialSouth (RM-South Zone) be amended as follows:

30.19.040 Accessory Uses
Accessory uses that are lawful in the RM-East, RM-West or RM-Central Zones may be established in the RM-South Zone, including Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION FOUR: That DMMC Section 30.21.030 Medium Density Mixed ResidentialCentral (RC Zone) be amended as follows:

30.21.030 Allowable Uses
The following uses are allowable in the RC Zone:

A. Any use allowable in the R2 Zone; provided, however, that at least 60 percent of the floor area, exclusive of parking, shall be for such R2 zoned use.

B. Any primary use (not requiring a conditional use permit) allowed in the CC Zone; provided, however, that not more than 40 percent of the floor area, exclusive of parking, shall be for such CC zoned use.

SECTION FIVE: That DMMC Section 30.21.040 (RC Zone) be amended as follows:

30.21.040 Accessory Uses
A. Accessory buildings and uses customarily incidental to the allowable uses, including private garages and carports.

B. Off-street parking for a permitted use.

C. A licensed Family Child Care Home within an occupied single dwelling unit per California Health and Safety Code Section 1596.70.

D. Accessory Dwelling Units in accordance with Chapter 30.91.

SECTION SIX: That DMMC Chapter 30.91 (Accessory Dwelling Units) be repealed and replaced with the following:

30.91.010 - Purpose
The purpose of this Chapter is to provide regulations and procedures for the establishment of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units 32 December 4, 2023 Item 08
Ordinance No. XXXX

(JrADUs) on lots zoned to allow single unit and multi-unit residential uses which include a proposed or existing dwelling in accordance with California Government Code Sections 65852.150, 65852.2, 65852.22, and without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Division 20 commencing with Section 3000) and the City’s Local Coastal Program. Should this Chapter conflict with existing State law or subsequent amendments then State law will prevail over the terms of this Chapter.

30.91.020 Zones Where Accessory Dwelling Units and Junior Accessory Dwelling Units are Permitted
A. An Accessory Dwelling Unit (ADU) is permitted subject to the development regulations in Sections 30.91.040 and 30.91.060, on any lot that is zoned to allow residential or mixed use including the Carmel Valley Precise Plan (permitted only on residential lots 3-9, 11-17, 20-29) and other Specific Plan zones that have been developed or are proposed to be developed with at least one or more residential units.

B. A Junior Accessory Dwelling Unit (JrADU) is permitted within the walls of an existing or proposed single dwelling unit, including an attached garage, and is subject to the development regulations in Section 30.91.050. JrADUs are permitted on property when located on a lot within one of the following single dwelling unit zones:

1. Very Low Density Residential Zone (R1-40)

2. Modified Low Density Residential Zone (R1-14)

3. Low Density Residential Zone (R1-10)

4. Low Density-Beach Residential Zone (R1-10B)

5. Medium Density Single-Family Residential Zone (R1-5)

6. Medium Density Single-Family Residential Zone-Beach (R1-5B)

7. Carmel Valley Precise Plan Specific Plan (CVPP), Residential lots 3-9, 11-17, 20-29
C. Tiny homes are permitted on any lot that allows an ADU. A tiny home may also be developed in additional non-residential zones if deed restricted affordable for a lower income household for a term of at least 30 years.

D. Development of an ADU, JrADU, or Tiny Home pursuant to Chapter 30.91 is not considered to exceed the allowable density of the parcel on which it is located. 33 December 4, 2023 Item 08
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30.91.030 Permits and Processing of Accessory Dwelling Units and Junior Accessory Dwelling Units
A. All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with applicable state and local building codes and shall require approval of a building permit and Administrative Coastal Development Permit as applicable in

30.91.030.E. The City shall ministerially approve or disapprove a complete building permit application for an ADU/JrADU in compliance with time periods established by State law. If the City disapproves an application for an ADU or JrADU, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

1. ADU Submittal Requirements.

In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following as applicable to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community Development Director:
a. Site Plan: A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of all structures on the lot. (i) Calculation of the ADU size shall include all interior floor space within the surrounding exterior walls of the ADU as calculated from the inside face of the wall studs.
(ii) The site plan shall also depict all protected trees (Monterey Cypress and Torrey Pine Species) on the lot and identify a tree canopy dripline protection zone for each protected tree on-site to ensure protection during construction.
(iii) Additional site plan detail, per the City’s ADU checklist on file with the City, shall be included for engineering review of any application to construct an ADU that would be either attached to the primary dwelling unit or constructed as a new detached structure. This includes plan details for proposed
development that includes partial or full demolition of an existing structure on-site to accommodate the ADU, which may include partial demolition of the existing residence or demolition of an existing garage, carport, or other accessory structure.
(iv) In the Coastal Bluff Overlay Zone, a proposed ADU must comply with the recommendations of a geotechnical report in 34 December 4, 2023 Item 08
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accordance with Chapter 30.55 when sited in a new structure or within a non-habitable space that would be converted to habitable space.
(v) Except where required per Section 30.91.030(A)(1)(a)(iv), engineering review is not required if the ADU would be located within an existing primary dwelling unit or existing accessory structure.
b. The plans shall include building cross sections taken through the structure and adjacent grade in at least two directions and elevations with proposed height fully dimensioned showing all facade openings and exterior finishes. Elevations and sections shall indicate the line of existing and proposed grade as necessary to depict any grading to occur as a result of the ADU development.
c. A floor plan to identify the exterior entry, number of bedrooms, fully functioning bathroom, and kitchen for the ADU to demonstrate compliance with the requirements for a separate exterior entry compliant with the maximum size allowance, and consistency with the Government Code Section 65852.2(j) definition of ADU that requires an ADU include permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a bathroom and a fully functioning kitchen, which includes a fully functioning cooking area (and not merely a hot plate) and includes other standard kitchen appliances, food storage cabinets, a countertop/food preparation area proportional to the size of the ADU, and a fully functioning sink. d. Information regarding available water and sewer utility easements, services, and connections, and whether the existing primary residence has an automatic residential sprinkler system. e. Standard notes printed on the construction plans prior to building permit approval, including the following statements:
(i) The ADU may be leased but shall not be sold separate from the primary dwelling unit, except that a qualified non-profit affordable housing organization per Government Code
Section 65852.26 may sell a deed restricted ADU to an
eligible low-income owner.
(ii) Until December 31, 2024, the City will not require the property owner to-occupy the primary unit or the ADU for newly created ADUs. Effective January 1, 2025, the property owner shall 35 December 4, 2023 Item 08
Ordinance No. XXXX

reside on the property in either the primary dwelling unit or in the ADU.
(iii) For lots that have both an ADU and JrADU, the property owner shall reside on the property in either the primary dwelling unit, in the ADU, or in the JrADU.
(iv) If the ADU is rented or leased, the term for rental shall be the greater of 30 consecutive days, except where the ADU is located in zones that allow for commercial land uses.
f. A certification of height, setback, and square footage compliance shall be submitted prior to framing inspection.
g. A construction-phase parking and equipment/materials storage plan. h. If applicable, a Federal Emergency Management Agency (FEMA) elevation certificate shall be provided at initial application submittal, and updated (if necessary) prior to building permit issuance. An asbuilt elevation certificate will also be required prior to final inspection and occupancy.
i. Any additional information as necessary to demonstrate the proposed ADU meets the criteria for ministerial approval in Section

30.91.040.

2. JrADU Submittal Requirements.

In addition to the general application and permit fee, the applicant for a JrADU shall submit the following as applicable to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:
a. A site plan with setbacks fully dimensioned for all existing and proposed structures on the project site to demonstrate the site is, or will be, developed with a single dwelling unit; and that identifies any existing or proposed ADUs on the lot
b. A floor plan to demonstrate compliance with Section 30.91.050 requirements for an efficiency kitchen, separate exterior entry, and the bathroom the JrADU will have access to.
c. In the Coastal Bluff Overlay Zone, a geotechnical report is required in accordance with Chapter 30.55 for a proposed JrADU in a new structure or within a non-habitable space that would be converted to habitable space.
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B. The following shall apply if the permit application is submitted for concurrent processing to create a new primary dwelling unit:

1. The application for the ADU or JrADU shall be submitted for review prior to consideration of the proposed primary dwelling unit in a public hearing. 2 The proposed location of the ADU or JrADU shall be depicted on development plans for the proposed primary dwelling unit.

3. The City may delay acting on the ADU or JrADU permit application until the City acts on the permit application to create the new primary dwelling unit.

However, the ADU or JrADU application will be processed without discretionary review or public hearing.

4. The decision maker on the primary dwelling unit is precluded from considering the pending ADU or JrADU as part of the discretionary review or hearing for the primary dwelling unit.

5. If the applicant requests a delay, the 60-day time period for review and approval set forth in Section 30.91.030(A) shall be tolled for the period of the delay.

C. Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Del Mar Municipal Code Chapter 23.04 (Building Construction General Provisions). ADUs or JrADUs located in High Fire Hazard Severity Zones shall comply with all applicable Building Code standards for those zones.

D. Notwithstanding the provisions of the Del Mar Municipal Code, development of an ADU designed in accordance with Section 30.91.040 or a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases below, except where it requires an Administrative Coastal Development Permit, pursuant to Section 30.91.030.E

1. Exempt from a Design Review Permit (Chapter 23.08) in all zones including the Carmel Valley Precise Plan and Specific Plan zones.

2. Exempt from a Land Conservation Permit (Chapter 23.33) for all grading proposed within the development footprint for the ADU structure; however, the requirement for an excavation or grading permit in accordance with Chapter 23.32 still applies. A Land Conservation Permit may be required through a separate approval process for any excavation and grading activities proposed outside of the ADU development footprint where such grading and excavation is not required for ADU occupancy.

3. Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:
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a. ADU will be located entirely within the walls of an existing habitable structure or within existing non-habitable space located at or above the base flood elevation that is converted to habitable space for the ADU; or
b. ADU will be located in a structure that is designed as follows:
(i) The lowest floor (including basement) will be elevated to or above the base flood elevation plus one foot;
(ii) The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(iii) Construction materials will be resistant to flood damage; and (iv) All plumbing, electrical, heating, ventilation, and air conditioning equipment will be designed to prevent water from entering or accumulating within the components during
conditions of flooding.

4. Exempt from a Conditional Use Permit (Chapter 30.74) where:
a. Located in the Bluff, Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least 10 feet from the bottom of a steep slope per Section 30.52.070; or
b. Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet from the top edge of a coastal bluff per Section 30.55.080.

E. The California Coastal Act requires issuance of an Administrative Coastal Development Permit implemented in accordance with DMMC Chapter 30.75, to harmonize State Housing law with the Coastal Act and ensure protection of coastal resources as follows:

1. California Government Code section 65852.2 (l) provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.

2. The following proposed ADU or JrADU development is exempt from an Administrative Coastal Development Permit where it meets all of the following:
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a. An ADU or JrADU created through conversion of entirely existing habitable space; and
b. Consistent with other residential development in the City, the ADU or JrADU is not located in any of the following Overlay Zones:

Floodplain, Beach, Lagoon, Coastal Bluff, or Bluff, Slope, and Canyon; and
c. Consistent with other residential development in the City, that the ADU or JrADU application is not in a location subject to the permit appeal authority of the Coastal Commission as defined by DMMC Section 30.75.030.

3. An Administrative Coastal Development Permit in accordance with Section

30.75.080 shall be obtained for an ADU or JrADU that does not meet the exemptions listed in Section 30.91.030(E)(2).

4. Where an Administrative Coastal Development Permit is required by Section 30.91.030(E)(3), it shall be processed in accordance with the following procedures:
a. Consistent with the public participation provisions found in the California Coastal Act and the City’s certified LCP, a Notice of Application informing the public of the filing of an application for an Administrative Coastal Development Permit for an ADU shall be posted at the project site on a notice card provided by staff of the City of Del Mar Department of Planning and Community Development.

The notice of application shall advise interested persons that plans are available for public review at Del Mar City Hall. The notice, however, will stipulate that the application is required to be administratively approved by the Department of Planning and Community Development and that no public hearings will be permitted.
b. In order to approve the ADU, the Planning and Community Development Director shall make a finding that the proposed development is consistent with the requirements of the certified Local Coastal Program, and where applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be required.
bc. A Notice of Administrative Coastal Development Approval stating that the Coastal Development Permit has been approved shall be posted at City Hall and on the City’s website, and shall be mailed within five working days of the final action as follows:
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(i) Notice shall be mailed to all owners of real property within 300 feet of the exterior boundaries of the property, which is the subject of the hearing with ownership as identified on County Tax Assessors' rolls; and to all occupants of property within 100 feet of the exterior boundaries of the property which is the subject of the application.
(ii) Notice shall be sent via U.S. Postal Service to the Executive Director of the California Coastal Commission.
(iii) The content for the notice of final action by the City shall be in accordance with Section 30.75.120(B)(1-5) and shall contain the date of the decision.
cd. Once a final decision of approval or denial is issued by the Planning and Community Development Director, the notice of final action shall be provided within five (5) working days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100. de. If the ADU qualifies as appealable development pursuant to Chapter

30.75, the Planning and Community Development Director’s decision to approve a Coastal Development Permit may be appealed to the Coastal Commission within ten (10) working days in accordance with Section 30.75.110(A) and (B).

F. ADUs or JrADUs issued permits in accordance with Chapter 30.91 shall expire and become null and void two years after the date of issuance, unless a certificate of occupancy has been issued by the Building Division.

G. The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.

H. The construction of an ADU shall not constitute a Group R residential occupancy change as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official finds that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This clause does not apply when changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use.

I. Prior to issuance of a building permit for an ADU or JrADU on private property, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law. 40 December 4, 2023 Item 08
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J. All dwelling units that meet the definition of a Tiny Home in Section 30.04.190(D) shall be processed as an ADU in accordance with this Chapter.

30.91.040 Accessory Dwelling Unit Development Regulations A. An Accessory Dwelling Unit (ADU) that is designed to meet all of the requirements in Section 30.91.040, and Section 30.91.060 for lots with multiple dwelling units, shall be issued a permit in accordance with Section 30.91.030.

B. A lot with an existing or proposed single dwelling unit is permitted to develop a maximum of one ADU (in compliance with Section 30.91.040) and a maximum of one JrADU (in compliance with Section 30.91.050) per lot. The ADU may be created within the space of a primary single dwelling unit (including conversion of an attached or detached garage), as an addition to a primary single dwelling unit, within a structure (new or conversion of existing space) that is detached from a primary single dwelling unit, or attached to an existing detached garage, in compliance with one of the following:

1. One ADU or JrADU within the space of a primary single dwelling unit:
a. A maximum of one ADU or JrADU is permitted within the walls of a proposed or existing primary single dwelling unit, including an attached or detached garage. Development of the ADU or JrADU shall not expand beyond the physical dimensions of the existing structure, except as necessary to accommodate ingress or egress through a maximum expansion of 150 square feet beyond the physical dimensions of the existing structure.
b. If an ADU is developed under Section 30.91.040(B)(1)(a), then no JrADU or additional ADUs shall be allowed where a previous ADU or JrADU was permitted in accordance with section (a) in the above. c. If a JrADU is developed within the footprint of a primary single dwelling unit, including conversion of an attached garage, then a maximum of one detached ADU (one converted detached structure or new ADU structure) shall be permitted on the lot in addition to the JrADU in accordance with Section 30.91.040(B)(3).

2. One ADU attached to a primary single dwelling unit:
a. An attached ADU involves the addition of square footage to a primary single dwelling unit. The attached ADU shall be constructed as part of the overall primary single dwelling unit and must share a common wall with the primary single dwelling unit.
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b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the property.

3. One Detached ADU (new structure or conversion of existing structure):
a. There shall not be more than one detached ADU per lot. b. No additional ADUs shall be permitted on the property, except that one JrADU shall be permitted within the walls of the primary single dwelling unit, including conversion of an attached garage, in accordance with Section 30.91.040(B)(1). A JrADU is not permitted within a detached structure.
c. The detached ADU may be developed as a new structure or through conversion of an existing detached accessory structure. d. If necessary to accommodate ingress and egress, conversion of an existing accessory structure can include an addition of up to, but not exceeding, 150 square feet beyond the physical dimensions of the existing structure. This provision applies even where the existing accessory structure exceeds the maximum allowable square footage for an ADU.

4. Attachment to an Existing Detached Garage:
a. An ADU is permitted to be attached to an existing garage, which can include either an attached or detached garage. An ADU cannot be attached to any other existing accessory structures. b. If an attached ADU is developed, then no JrADU or additional ADUs shall be permitted on the lot.

C. If the proposed ADU would be located in a designated historic district or on a property that is listed in a Register of Historic Resources (local, state, or national), then the applicant must demonstrate that the design of the proposed ADU, including exterior finishes, windows, access doors, and rooflines, is consistent with the Secretary of the Interior Standards for preservation of historic resources.

D. The ADU shall be designed and operated in compliance with the regulations of the zone, except as otherwise specified in this Chapter, as a residential use dwelling unit that is subordinate to the primary dwelling unit on the property.

One primary residential unit shall be designated on a lot which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is permitted. 42 December 4, 2023 Item 08
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1. The ADU shall be designed to comply with the Government Code Section 65852.2(j) definition of ADU by including permanent provisions for living, sleeping, eating, cooking, and sanitation. This is typically demonstrated by identifying that the ADU includes a fully functioning: Bathroom consisting of a toilet, sink, a bathtub or shower; and a kitchen. The kitchen includes a cooking appliance (not a hotplate) refrigeration and other appliances, food storage cabinets, and a countertop or similar food preparation area. The kitchen area is to be proportional to the size of the ADU.

2. The ADU shall be designed to comply with the California Building Code and Title 24 requirements for solar installation, if the ADU would be located within a new structure. Only newly constructed, nonmanufactured, detached ADUs are subject to the Energy Code requirement to provide solar panels. The solar panels may be installed on the ADU or on the primary dwelling unit.

3. The ADU shall have a separate address and mailbox from the primary dwelling unit, which must be requested and coordinated with the City.

4. All new residential development must provide adequate access for emergency response equipment and personnel to ensure public safety for its residents. For Consistent with fire protection access requirements applicable to all residential development in the City, a minimum of six feet between buildings shall be maintained between a detached accessory dwelling unit and all other buildings and structures on the lot, unless the six foot separation would preclude construction of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7).

5. In accordance with Section 30.91.030(I), the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include information regarding the sale, occupancy, and rental of the unit, consistent with State Law.

E. The ADU may be rented, but shall not be sold or conveyed separately from the primary dwelling unit on the property, except that the City or qualified non-profit corporation per Government Code Section 65852.26 may sell a deed restricted ADU to an eligible low-income owner.

F. If rented, the term for rental of an ADU in a residential zone shall be for a term longer than 30 consecutive days per Government Code Section 65852.2(e)(4).

G. In accordance with California Government Code Section 65852.2(c)(2)(C), the City shall accommodate an ADU at least 800 square feet in size, which is also 43 December 4, 2023 Item 08
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known as the “universal” ADU size provision. If the size of a proposed ADU exceeds 800 square feet, the remaining square footage beyond 800 square feet shall be subject to review against the applicable Floor Area Ratio (FAR) and lot coverage development standards of the zone. Additionally, should the combined total size of a proposed ADU greater than 800 square feet and the primary residence exceed the maximum FAR or lot coverage allowed for the site location, then the primary residence shall be required to reduce its square footage accordingly so as to preserve the ability to build at least an 800 square foot ADU.

For the purpose of this section:

1. The interior floor space within the surrounding exterior walls of the ADU (calculated from the inside face of wall studs) shall not exceed 850 square feet in size, or 1,000 square feet maximum if the ADU has more than one bedroom.

2. A proposed, attached ADU shall be subject to a maximum size of 50 percent of the habitable space of the primary dwelling unit.

3. All interior floor space of the ADU shall count towards the maximum ADU size regardless of whether or not it meets the City’s definition of gross floor area or qualifies for exclusion from the calculation of bulk floor area per DMMC Chapter 30.72.

4. Bedroom shall be defined as an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from kitchen, living room, and hallway areas.

5. The application of 50 percent size limitation to an attached ADU is regardless of bedroom count for that ADU. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.

6. If a detached garage is demolished and converted to an ADU, the sizes listed in Section 30.91.040.G shall apply.

7. In order to comply with the mandates of the California Coastal Act, the City is required to protect coastal access and coastal resources, which may require modification of the proposed ADU location and size to demonstrate conformity. The City shall accommodate a proposed ADU meeting the universal size provision of at least 800 square feet in size, unless the California Coastal Act supersedes this minimum size requirement due to impacts to protected coastal resources or otherwise impedes public access to the coast. In such a case, the City will prepare 44 December 4, 2023 Item 08
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written findings and, where applicable, mitigation measures to alleviate such impacts as necessary to accommodate a proposed ADU at least 150 square feet in size that meets the definition of an efficiency unit as defined per California Government Code Section 65852.2(c)(2)(A).

8. The proposed conversion or relocation of square footage from the footprint of an existing ADU to another location on the lot shall be subject to the maximum floor area ratio, lot coverage, and permit process of the base zone(s), unless the proposed development is necessary to accommodate development of a proposed ADU 800 square feet in size.

H. An ADU is not permitted within a building-restricted easement location.

I. The ADU shall comply with the following objective design standards, unless the design standards prohibit construction of an 800 sq. ft. ADU, notwithstanding Section 30.91.040(G)(7):

1. Wall and roof planes on each elevation must be varied with at least one projection, offset, or recess of the building (of at least one foot in depth) for each 20 feet.

2. Walls and windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. Glass walls (any wall plane consisting of more than 75 percent opaque or transparent glazed surface) that are visible from adjacent neighboring homes shall be prohibited. Sizing and placement of windows shall be offset to stagger the window placement in relation to the adjacent neighbor’s windows.; When staggering or offset of the window cannot be achieved, or the project shall utilize obscured or opaque window glass, clerestory windows, or windows with higher sills. Installation of skylights shall be tinted to avoid interior light transmission.

3. Rooftop decks, including those accessed from a second story ADU, are prohibited.

4. Where provided, fireplaces and chimneys shall be attached to the ADU and shall be no higher than the minimum height required per the California Building Code and shall not project into any required yard setback area.

5. The ADU, including roof eaves, cantilevered portions or overhangs shall not encroach into the required four (4) foot side or rear setbacks.

6. New detached or attached accessory dwelling units shall be constructed using the same architectural style, roof pitch, exterior building materials, 45 December 4, 2023 Item 08
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paint colors and finishes as the primary unit, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings, if the accessory dwelling unit is attached to or located within twenty (20) feet of the primary dwelling unit.

7. The foundation and underside of new detached or attached ADUs shall be fully screened with compatible materials and colors as the primary unit.

8. Outdoor speakers, televisions or other permanent electronic entertainment features with mechanically or electronic generated noise are prohibited.

8.9 An exterior wall heater heating, ventilation, or air conditioning (HVAC) unit is permitted for an ADU and shall if it maintains all required minimum setbacks applicable to the ADU. Consistent with other residential development in the City, the HVAC shall be fully screened from the public right-of-way and adjacent properties and compliant with the Chapter 9.20 Noise Regulations.

10. Consistent with screening requirements for other residential development:
a. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public rightof-way. All flashing, sheet metal, vents and pipe stacks shall be painted to match the adjacent roof or wall material.
b. Equipment such as backflow preventers shall be screened from public view if located in a street yard setback.
c. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and shall be screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.
d. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from public view with walls and landscaping and secured with a lid if the top of the trash bin is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property.
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11. Consistent with standards for other residential development, all fences and walls, including retaining walls, are subject to the following objective standards in compliance with Section 30.86.090. Fences and walls that are not part of the ADU structure or necessary to demonstrate compliance with the applicable ADU development standards require permit review and processing in accordance with applicable Municipal Code standards.
a. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.
b. The distance between two terraced retaining walls shall be, at a minimum, the average height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.
c. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.
d. Fences and walls shall follow the natural site topography. e. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens.

The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.
f. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.
g. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible for the public right-ofway or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.

12. Consistent with hardscape and driveway requirements for other residential development:
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a. Hardscape for access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width and shall not exceed a total maximum of 20 feet along all abutting street lines. The finished grade of a new driveway for the ADU shall not exceed 15 percent, unless designed with Portland Cement Concrete (PCC) surface that incorporates a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20 percent.
b. Line of sight visibility shall be retained for public safety in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles.
c. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of an ADU less than 800 square feet.
d. Circular driveways are prohibited.

13. In accordance with the certified Local Coastal Program, new construction shall retain native landscaping and vegetation where possible. The ADU shall not be located within the tree canopy dripline of an environmentally “Protected Tree” native to Del Mar (Monterey Cypress and Torrey Pine Species). If ADU development within the tree canopy dripline protection area for a Protected Tree is necessary to accommodate an 800 square foot ADU, the owner would be subject to compliance with applicable tree removal permit procedures, mitigation, and/or penalties as identified in the City’s Tree Ordinance in DMMC Chapter 23.50. All proposed landscaping for the ADU shall comply with DMMC Chapter 23.60 (Water Efficiency Landscape Ordinance) and any landscape plan requirements applicable to the lot at the time of application.

J. The ADU shall have a separate exterior entry from the primary dwelling unit.

1. The ADU exterior entry shall not be required to have a pathway connection to the street.

2. Consistent with other residential development in the City, if located in the Floodplain Overlay Zone, and the ADU is required to be elevated for compliance with applicable floodplain standards, the entryway to the 48 December 4, 2023 Item 08
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ADU shall be limited to the minimum width for entry access as required by the California Building Code. Should an ADU application request a greater design width than the minimum required for exterior entry per the California Building Code, then approval of an Administrative Design Review Permit for the proposed entry design shall be required in accordance with DMMC Section 23.08.035.

3. An attached ADU is permitted to have interior access into the primary dwelling unit in addition to the required exterior entry.

K. The following identifies the maximum building height for construction of an ADU:

1. The maximum building height of a detached ADU shall not exceed 16 feet above grade.

2. Notwithstanding Section 30.91.040(K)(1), on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, the maximum building height of a detached ADU, shall not exceed 18 feet above grade.

3. Attached ADUs must share a common wall horizontally with the primary dwelling unit. The maximum height for attached ADUs in single dwelling unit zones is as follows:
a. For consistency with local conditions and the certified LCP, attached ADUs in single dwelling unit zones shall be proposed at the first story level if buildable area is available on the first story level of the lot. The maximum building height for an ADU attached horizontally sharing a common wall with the existing primary dwelling unit at the first story level is 16 feet.
b. Attached ADUs may be proposed at a second story level only if there is not buildable area available on the lot and if necessary to accommodate an ADU up to 800 square feet on the lot as an alternative that minimizes potential impacts to the greatest extent in compliance with the certified LCP. The maximum building height for a proposed attached ADU that horizontally shares a common wall with the primary dwelling unit at the second story level shall not exceed 25 feet above grade, or the base zoning requirements, whichever is lower, and in no case shall exceed two stories.

4. Consistent with other residential development in the City and for the purpose of Chapter 30.91, height shall be measured in accordance with DMMC Section 30.04.080(A), except on those parcels that fall entirely or 49 December 4, 2023 Item 08
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partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), or its updated versions, where the height of a new ADU structure shall be measured from the required base flood elevation. The ADU shall not exceed the maximum height limitation of the applicable zone.

5. Within the Bluff, Slope, and Canyon Overlay Zone, the 14-foot maximum building height of the Overlay Zone shall apply in accordance with the provisions stated above, for consistency with the certified Local Coastal Program.

L. Exterior lighting shall be limited to the minimum necessary for compliance with California Building Code requirements. All Consistent with other residential development, all outdoor lighting of an ADU shall be fully shielded, a maximum of 2700 Kelvin, and directed downward and away from neighboring properties and/or public rights-of-way and shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark-Sky Association. All exterior lighting shall be equipped with shut off controls or sensors, timers, or motion detectors. Shielded up-lighting and fixtures with an adjustable aiming angle are prohibited.

M. A side and rear setback of four (4) feet shall be required for a new ADU structure, except as follows:

1. An existing legal non-conforming structure, such as a garage or accessory building, may be converted to an ADU and maintain the nonconforming setback, where the structure complies with the building and safety standards of the California Building Code and California Fire Code and the minimum setbacks specified in Section 30.91.040(M)(3).

2. Conversion of an existing living area or accessory structure to an ADU, that maintains the same location and dimensions of the structure, does not require additional setback requirements.

3. A new ADU structure shall comply with all street fronting setbacks of the applicable zone to provide for fire equipment access, unless necessary to accommodate placement on the property of an 800 square foot ADU, notwithstanding Section 30.91.040(G)(7). This regulation shall also apply to through lots, regardless of any relinquished vehicular access.

4. Newly constructed ADUs that abut an alley may use half the width of alley for purposes of setback calculation.

5. In all cases, including the conversion of non-habitable, legal nonconforming structures noted in Section 30.91.040(M)(1), the ADU shall 50 December 4, 2023 Item 08
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